Equitable Remedies is an elective subject in undergraduate programs offered by the Faculty of Law. The subject covers the important field of equitable remedies. The equitable remedies to be studied will include specific performance, declarations, injunctions, rescission, equitable damages, rectification, account and set-off. The types of injunctions which will be examined comprise permanent injunctions, quia timet injunctions, interlocutory and interim injunctions, ex parte injunctions, mareva injunctions, anton piller orders as well as mandatory and prohibitory injunctions. Note that this subject is compulsory for students intending to seek admission in Malaysia who commenced in 992 semester onwards.
|Academic unit:||Faculty of Law|
|Subject title:||Equitable Remedies|
Delivery & attendance
|Attendance and learning activities:||Seminar attendance is compulsory for all weeks. Course is delivered in a workshop discussion group environment. Extensive materials are covered in the subject on a weekly basis, and students are required to attend ALL seminar sessions. Final portfolio/workbooks, worth 60% of the final grade, are formulated/completed directly from materials discussed in seminars. As such, if a student misses any seminar it is very difficult to complete the portfolio workbook for that week and will subsequently effect final grades.|
|Prescribed resources:|| |
|[email protected] & Email:||[email protected] is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.|
To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge.
Assumed Prior Learning (or equivalent):
This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Acquire understanding of the various equitable remedies available where a civil wrong has occurred.
- Develop the ability to articulate the principles governing the availability of such remedies.
- Develop the ability to apply knowledge of these principles so as to identify relevant legal issues.
- Develop the ability to discuss complex concepts relating to equitable remedies.
|*Tutorial Portfolio||Students are required to progressively complete an individual tutorial workshop folder/portfolio on a weekly basis, utilising information and materials discussed and analysed during each group seminar. The completed folder/portfolio is submitted in week 13 for final assessment as to the students depth and level of understanding of the relevant total course materials/cases.||60%||Progressive||1, 2, 3, 4.|
|*Class Participation||Seminar Participation: Includes active participation in group workshop discussions. Students are allocated 3-4 cases in advance each week to research and prepare case notes for the next seminar. Students will be required to submit their case notes to the subject coordinator in advance of the relevant seminar and then present their findings to the class.||25%||Progressive||1, 2, 3, 4.|
|Essay||Written Assignment - Problem based assignment question formulated from course content from weeks 1-5||15%||Week 7||1, 2, 3, 4.|
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
|High Distinction||85-100||Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.|
|Distinction||75-84||Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.|
|Credit||65-74||Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.|
|Pass||50-64||Usually awarded to students whose performance meets the requirements set for work provided for assessment.|
|Fail||0-49||Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.|
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Students must check the [email protected] subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Policy on plagiarism
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
Accessibility and Inclusion Support
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
A general overview of and introduction to the subject, describing its scope and classifications of law. Seminar expectations and assessment criteria. Introduction to basic types of injunctions, Court jurisdiction and discretion.
Examples of judicial discretion to grant Injunctions, Distinction between Jurisdiction and Discretion, Mandatory Injunctions, Interlocutory Injunctions.
Mareva Orders - The General Rule, Mareva Order Exceptions.
Mareva Order Exceptions continued.
Anton Piller Orders - Jurisdiction, Unsatisfactory aspects of the Anton Piller Order, Other issues.
Contracts that will NOT be specifically enforced, Enforcement of Negative Covenants, Share farming Agreements, Lumley v Wagner doubted/reapplied
Two senses of Specific Performance, Situations where the Court will NOT order Specific Performance, Can an order of Specific Performance be made BEFORE the contractual date for performance?
Ready, willing and able to perform obligations, Terminated contract cannot be enforced, Exception to the ready, willing and able requirement, Other Aspects of Specific Performance, Part Performance. Jurisdiction, Damages be awarded in substitution for an injunction, Measure of equitable damages that would amount to a substitution, Not available unless an infringement of a private right is shown.
Restitutio in Integrum, Misrepresentation, Common Mistake, Unilateral Mistake, Innocent misrepresentation, Undue Influence, Taking advantage of another personï¿½s special Disability, Election, Rule in Seddonï¿½s Case, Partial Rescission.
Common intention, Failure to alert of other partyï¿½s unilateral mistake, Cannot be excluded by contract, Writing requirements, Where the contractual document does not embody the oral agreement, Common mistake related to the legal effect of the words used in the document
Surety who has paid the debt of the principal debtor, Insurers right to be subrogated to the rights of the insured against a third party, Non- Surety who has paid the debt of the principal. General principles of Marshalling.
Basic Principle, Co-sureties, Co-debtors, Other examples of contribution. Declaratory Orders or Declarations, Right to an Account, Delivery up and Cancellation of Instruments, Specific Restitution of a Personal Chattel in Equity.