LEGAL308-20D (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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Convenor(s)

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: carolyne.taylor@waikato.ac.nz
: em.pooley@waikato.ac.nz

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Paper Description

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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 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 and its application to different areas of law. The modern use of Equity in relation to commercial matters will be considered throughout the paper.
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Paper Structure

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This is a whole year paper. 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.
Lecture and stream timetable and rooms

The lecture hours are: Tuesdays 1 – 3pm in Lecture theatre LG02

There will be 6 tutorial sessions at various times throughout the year. 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. 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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Learning Outcomes

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Students who successfully complete the course should be able to:

  • Demonstrate an understanding of the creation and the use of trusts;
    Linked to the following assessments:
  • Analyse hypothetical problems and apply equitable remedies to them;
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  • 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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Assessment

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The final examination is a compulsory element for 75%. This will be a three hour restricted book 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. Students will be permitted to take the prescribed textbook in to the exam, J Chevalier-Watts and S Tappenden Equity, Trusts and Succession, (Thomson Reuters, Wellington, 2013). Students may write and highlight in this textbook, but NO additional material may be attached or included, for example, but not limited to, post it notes or additional pages.

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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Assignment
12 Jun 2020
12:00 PM
25
  • Online: Submit through Moodle
2. Exam
75
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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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 S Tappenden Equity, Trusts and Succession, (Thomson Reuters, Wellington, 2013). You may annotate your copy of the textbook throughout the year and take the annotated textbook into the examination. Only the prescribed textbook may be annotated and used for examination purposes. You may not attach additional material to the book, including, but not limited to, post it notes, additional pages, or any other methods of securing additional material. You may only write in the book. You may remove pages, and you may "white out" material, but this material may not be covered over by attaching additional materials. Books will be checked in the exam. Failure to comply with these requirements may result in the book being removed during the exam, or further penalties. You do not have to have the book in the exam.

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Recommended Readings

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(a) Andrew Butler (editor) Equity & Trusts in New Zealand, (2nded, Thomson Reuters, Wellington, 2009)

(b) N Richardson Nevill’s Law of Trusts Wills and Administration in New Zealand (11th ed, LexisNexis, Wellington 2012).

(c) Juliet Chevalier-Watts Law of Charity (2nd ed, ThomsonReuters, Wellington, 2020).

Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the University of Waikato’s online learning system. Any such material is provided on the following terms:

University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of the Te Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-disseminated in any manner or form without the prior written consent of University of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.

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Online Support

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Online support for this paper is provided via Moodle. A regular feature of the paper is the opportunity to engage in quizzes via Moodle. The quizzes are designed to test your knowledge of particular parts of the course and, although not compulsory, are intended to complement your studies. Successful completion of the quizzes will assist you in preparing for tutorials, the assignment and the examination.

If you require assistance with Moodle, or encounter any problems, please contact the Help Desk. You can send a message to Help Desk by using the instant message service in your paper (from the participants list within the People block). Alternatively, you can email them directly at help@waikato.ac.nz or call 838 4008.

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Workload

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Students should expect to spend 150 hours in total on this paper. In addition to lecture attendance, significant time will need to be spent on background and complementary reading. Students should allow for periods of more-focused research time in the preparation of assignments.

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Linkages to Other Papers

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Equity forms part of the core component of the LLB and some principles of Equity are relevant to Land Law.

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Prerequisite(s)

Prerequisite papers: (LEGAL204 or LAWS204) and (LEGAL207 or LAWS207)

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: LAWS308

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