LEGAL308-23A (HAM)

Equity and Succession

15 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law

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: em.pooley@waikato.ac.nz

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What this paper is about

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This paper will provide an analysis of the principles of equity with particular reference to the law of trusts, the principles of the law of succession and the administration of estates, and things (choses) in action and the assignment thereof. The modern use of Equity in relation to commercial matters will be considered throughout the paper.

The paper objectives are to fulfil the requirements of the Council of Legal Education in relation to the subject and to provide students with an understanding of the development of Equity, Trusts and Succession and their application to different areas of law.
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How this paper will be taught

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The paper comprises one 2 hour Lecture on Tuesdays each week in Trimester A.

The lecture hours are: Tuesdays 1 – 3pm in PWC Lecture theatre.

Lectures are provided via "asynchronous FLEXI", which means giving a live lecture and recording it.

The lecturers' office hours are as follows:

Juliet Chevalier-Watts Wednesdays 1100 - 1300 in person or via zoom.

Durgeshree Raman Mondays 1100 - 1300 in person or via zoom.

Dara Dimitrov Thursdays 0900 -1100 in person or via zoom.

There will be 3 tutorial sessions at various times throughout the semester. The weeks during which the tutorials occur are noted in the Lecture Schedule at the end of this Outline. Please refer to the online timetable for details as to time and place for these tutorials. At least one tutorial per session will be available via zoom and this will be evident on timetabling.

The teaching component comprises an overview of the principles of Equity with particular reference to:

  1. The historical development of equity;
  2. The central place of fiduciary relationship in the consideration of equity:
  3. The law of trusts both express and imputed; the obligations of trustees and the position of beneficiaries;
  4. Things (formerly called choses) in action and the assignment thereof;
  5. Equitable remedies;
  6. Charitable trusts;
  7. The principles of the law of succession;
  8. Te Ao Maori.

We expect students at this level of their academic careers to attend all scheduled learning events. Recording devices are permitted in lecture theatres, but only at the discretion of the lecturer and are not an acceptable substitute for attendance. If you miss a tutorial and you have medical evidence or something similar you may be permitted to attend a different tutorial later in the week, but only at the convenor’s discretion and if the class has sufficient space.

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Required Readings

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(a) All law students are required to purchase, for use in all law papers, a copy of Alice Coppard, Geoff McLay, Christopher Murray, Jonathan Orpin-Dowell, New Zealand Law Style Guide, Thomson Reuters, 3rd ed, 2018. This is available from Bennetts at an approximate price of $37 inclusive of GST.

(b) In addition to the texts identified below, the Law School requires that all students purchase the Course Materials Book(s) for this paper. These are available from Waikato Print. You will not be able to participate in lectures or tutorials without the current edition of these materials.

(c) J Chevalier-Watts and D Ramen Equity, Trusts and Succession, (2nd ed, Thomson Reuters, Wellington, 2022).

Reading List

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Learning Outcomes

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Students who successfully complete the course should be able to:

  • Analyse hypothetical problems and apply equitable remedies to them
    Linked to the following assessments:
  • Demonstrate an understanding of the creation and the use of trusts
    Linked to the following assessments:
  • Discuss the development of Equity in New Zealand compared to other common law jurisdictions, particularly in a commercial context
    Linked to the following assessments:
  • Understand the issues relating to the creation of wills and principles of succession
    Linked to the following assessments:
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Assessments

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How you will be assessed

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The final examination is a compulsory element for 50%. This will be a three hour final examination and will take place at a time set by the University administration. More information will be provided about the exam when it has been approved by the external moderator. The examination will assess all learning objectives.

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The internal assessment/exam ratio (as stated in the University Calendar) is 50:50. There is no final exam. The final exam makes up 50% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 50:50 or 0:0, whichever is more favourable for the student. The final exam makes up either 50% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Online Quiz Fiduciary Duties/Trusts Act 2019
17 Mar 2023
9:00 AM
16.67
  • Online: Submit through Moodle
2. Online quiz Express Trusts
7 Apr 2023
9:00 AM
16.66
  • Online: Submit through Moodle
3. Assignment
12 May 2023
12:00 PM
16.67
  • Online: Submit through Moodle
4. Exam
50
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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