Equity and Trust – Course Overview and Study Notes

Welcome and Course Introduction

  • Speaker: Dr. Vaneka Sundrakarian
  • Subject: Equity and Trust (trimester)
  • Teaching meetings: seminars (unpack material for each module) and tutorials (discuss problem scenarios)
  • Tutorial questions: embedded at the end of each module; students should attempt before the tutorial and compare with discussion
  • Assessments: two assessments in the course (details under Assessments tab on Study Desk)

Assessment 1: Problem Solving Essay (Internal Office Legal Memorandum)

  • Form: legal memorandum written as an internal office memo for a senior law firm partner
  • Interactive resource: located in assessment tab; guided through the formalities and writing style required for the memo
  • Writing focus: predictive analysis – you, as the junior lawyer, predict the likely court outcome given the case facts
  • Scenario details: you are the expert junior lawyer in a law firm; senior partners may not be up-to-date on latest developments in the area; you provide the opinion
  • Style and deliverables: governed by the scenario; language and tone are specific to legal memos for senior partners, not client letters
  • Synthesis of sources: the interactive video synthesizes various articles on memo writing; articles available for download under the course readings tab (assessment resources)
  • Important dates and scope: memo topic relates to equity (the first assessment module focuses on equity)
  • Weight: 50%50\% of total marks for the course
  • Research integrity requirements:
    • If using cases or materials outside prescribed texts or provided materials on Study Desk, you must authenticate your research using reliable, reputable databases
    • Generative AI is not permitted; using it constitutes academic misconduct
  • Rules and expectations: assessment rules are available on Study Desk

assessment 2: Invigilated Exam (Trust and Fiduciary Responsibilities)

  • Focus: trust and fiduciary responsibilities; trustees are fiduciaries
  • Format: invigilated (proctored) exam; similar do's and don'ts as previously experienced in prerequisite courses (e.g., contract law)
  • Preparation mindset: familiarity with invigilated exam procedures and expectations

Course Structure and Timeline

  • Course division:
    • First half: equity and principles of equity
    • Second half: law of trust
  • Assessment 2 corresponds to trust material; the exam will test knowledge on trust and fiduciary duties
  • Exam modality: invigilated/proctored

Learning Environment and Support

  • Office hours and questions: Zoom drop-in sessions on Friday afternoons for questions
  • Email communication: instructor will respond to all emails; students encouraged to reach out
  • General intent: create an interactive, engaging learning environment with opportunities to discuss problems and scenarios outside formal tutorials

Core Concepts and Rationale

  • Equity vs. black-letter statutory approach:
    • Equity is not purely black-letter law; it offers a technical but flexible framework
  • Purpose of equity: mitigate the harshness of common law
  • Methodology: judges developed mechanisms to soften or adapt strict common law rules (various, sometimes creative, approaches)
  • Real-world relevance: the study emphasizes how equity shapes outcomes in real cases, beyond mere statutory interpretation

Practical and Ethical Implications

  • Academic integrity: strong emphasis on using reliable, low-risk databases for research; avoid generative AI in written work
  • Research quality: authenticate sources and rely on course-provided readings and approved databases
  • Writing quality: the memo requires a specific professional style suitable for senior partners, including predictive analysis and legal judgment
  • Professional relevance: skills developed include synthesizing articles, applying equity principles to cases, and delivering formal, forecast-driven legal opinions

Resources and Readings

  • Course readings tab: contains articles referenced for memo writing (downloadable)
  • Assessment resources: includes the interactive memo-writing resource and related guidance
  • Study Desk: central hub for assessment rules and official materials

Summary of Key Points to Prepare For

  • Understand the seminar/tutorial structure and timing
  • Practice the end-of-module tutorial questions before tutorials
  • Master the memo-writing format and the predictive analysis approach
  • Familiarize yourself with the sources under course readings and assessment resources
  • Ensure research integrity: rely on reputable databases and avoid Generative AI
  • Remember the course's emphasis on equity first, then trust, with the overarching aim of understanding how equity mitigates harshness in common law
  • Be prepared for an invigilated exam on trust and fiduciary duties later in the trimester
  • Use Friday Zoom drop-ins and email for support

Quick Reference: Key Facts and Numbers

  • Assessment 1 weight: 50%50\% of total marks
  • Assessment 2: invigilated exam on trust and fiduciary responsibilities
  • Course division: Equity (first half) → Trust (second half)

Final Orientation

  • The course aims to provide a nuanced understanding of equity and trust, balancing technical analysis with crucial policy and practical considerations
  • Expect an engaging trimester with opportunities to discuss, write, and predict outcomes in real-world legal contexts