Lectures - communication of knowledge and ideas from the lecturer to the student. Problem Solving
Exercises - student will work as part of a team and will work together to resolve various legal scenarios.
Class Discussion/Debate - Students will be encouraged to actively participate in the class sessions which
will develop their analytical and communication skills. E-Learning - the module will be
supported with on-line learning materials. Self-Direct Independent Learning - the emphasis on independent
learning will develop a strong and autonomous work and learning practices.
Module Aim:
The aim of this module is to provide students with a solid knowledge and developed understanding of the fundamental principles of equity applied in Ireland.
Learning Outcomes
On successful completion of this module the learner should be able to:
LO1
Discuss the origins and historical development of Equity
LO2
Comprehend and explain the principal equitable maxims and doctrines and their
application in modern jurisprudence
LO3
Demonstrate a strong knowledge of the principal equitable remedies and the role of judicial discretion and critically evaluate the consequent availability of these remedies in the courts.
LO4
Critically evaluate the law in this area and employ knowledge and critical understanding in solving relevant legal problems.
LO5
Research aspects of the law of equity and trusts either independently or as part of a group and communicate findings and proposals in written and/or verbal form.
Pre-requisite learning
Module Recommendations
This is prior learning (or a practical skill) that is recommended before enrolment in this module.
No recommendations listed
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module.
No incompatible modules listed
Co-requisite Modules
No Co-requisite modules listed
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed.
No requirements listed
Module Content & Assessment
Indicative Content
Introduction to Equity
• Historical Development
• Fusion of Law and Equity
• Maxims of Equity
• Equitable Interests v Mere equities
Equitable Doctrines
• Equitable Estoppel
• Undue Influence & Unconscionable Transactions.
• Priorities and the Doctrine of Notice
• Election
• Satisfaction
• Conversion and Re Conversion
• Performance
Equitable Remedies
• Injunctions - General principles
- Interlocutory Injunctions
Applicability and non-applicability of Campus Oil/MSD tests, prohibitory, mandatory.
- Perpetual Injunctions
- Quia timet
- Mareva
- Anton Piller
• Specific Performance – applicability to particular types of contract, defences.
• Recission – grounds, loss of right, third parties.
• Rectification
• Tracing
Assessment Breakdown
%
End of Module Formal Examination
100.00%
No Continuous Assessment
No Project
No Practical
End of Module Formal Examination
Assessment Type
Assessment Description
Outcome addressed
% of total
Assessment Date
Formal Exam
End-of-Semester Final Examination
1,2,3,4
100.00
End-of-Semester
SETU Carlow Campus reserves the right to alter the nature and timings of assessment