Equity and Trusts Law

Answer
the following question:

(a)
‘[S]tudents who seek to solve every problem by directly applying their own
sense of fairness are indeed rejecting the whole notion of an articulated
taxonomy of the law. They think that conscience, alias intuition, alias gut
reaction, can suffice. Every argument which rests on words of unanalysed
approbation and disapprobation is in some degree a rejection of the rule of
law.’

P
Birks, ‘Annual Miegunyah Lecture: Equity,
Conscience and Unjust Enrichment’ (1999) 23 Melb UL Rev 1, 22.

From
this statement, does it follow that the law of equity undermines the rule of
law?

Rationale of the Assessment

The rationale of
this assessment is to demonstrate the wider issues at play in Equity &
Trusts, and to encourage students to take firm positions in debates about the
nature of law and to defend their positions. There is no ‘right’ or
pre-determined ‘answer’ in the strict sense; the key is to show your research
skills by finding and making effective use of high-level literature, your
ability to demonstrate your critical analysis and also to be able to defend
your position against possible criticisms.

Structure and Weighting of the
Assessment

An
Essay (1500 words) – worth 30% of your final mark for the module.

Module Learning Outcomes Assessed:

1. For students to be able to
identify trusts and other equitable obligations so that they can apply the law
of equity and trusts and equitable remedies to practical problem-based
scenarios

2. For students to be able to consider critically the
operation and function of principal rules of equity and trusts and to develop
reasoned arguments

3. For students to appreciate the linkages between this module and the
commercial world

4. Excellent communication skills, appropriate to different social and
professional contexts

Expectations for the Assessment

This
is primarily presented as a research exercise, with students expected to
demonstrate their ability to locate, read and to make use of literature and
cases. More credit will be given for students who engage and read the more
challenging literature (no credit will be given for using non-peer reviewed
publications, and little credit will be given to students who rely on less
rigorous publications such as student law reviews, case comments, or
practitioner guides). To meet the pass mark, students should demonstrate they
are able to confidently cite and reference all their sources according to the
OSCOLA style of referencing implemented in a meticulous manner. Of these, some
students are expected to demonstrate sufficient knowledge, understanding and
skills to achieve a third or a 2.2. A significant proportion of students are
expected to answer in a comprehensive manner, demonstrating a good level of
understanding of the sources. These students will provide substantial evidence of
their ability to critically engage with the sources in a coherent and
intelligent manner; thereby meeting the criteria for a 2.1. A few students are
expected to be able to provide exemplarily answers demonstrating an enhanced
ability to critically engage with the material, but also to develop a coherent
position which they can defend. These students will demonstrate that they have
achieved the learning outcomes at an advanced standard, or even surpassed them,
and thereby achieve a mark of over 70%. Answers which do not defend their
position, or which try to ‘sit on the fence’ (not commit to a position), which
not be able to gain a mark within this higher boundary.

Presentation Requirements:

Word
Count: 1500

Font
Size: 12

Line
Spacing: 1.5

Assessment Criteria:

BL3502: Assessment Criteria
Mark	Class	Descriptor
Less than 40%	Fail	The student has not demonstrated that s/he has engaged with the essential reading. Any attempt to identify the relevant points is superficial, and demonstrates and artificial understanding of the contents of the modules. Whist, primary and secondary sources may be referenced, there is no demonstration of any critical evaluation or understanding of these sources.
40-49%	Third	The student has shown that s/he has critically engaged with the entire relevant core reading. An attempt to identify some relevant points. However, on the whole the work is too descriptive and lacks critical analysis of the sources and literature used.
50-59%	Lower Second Class	In addition to including and addressing the key requirements above, the student has demonstrated a good grasp of the subject knowledge, which has been supported by some references to further reading and research. Presentation and organization of the answer is clear, with the majority of the issues made in a clear and coherent manner.
60-69%	Upper Second Class	In addition to the requirements above, the student has demonstrated a very good understanding of the subject knowledge, which is supported by reference to wider reading and research. Issues are understood and critically analyzed in a comprehensive and intelligent manner. All the major points are covered at a high standard in a well-presented and organized answer. The writing demonstrates the students’ ability to write a coherent legal argument, involving analysis, synthesis and evaluation.
70+ %	First Class	In addition to the requirements above, the student has demonstrated an outstanding understanding of the subject knowledge, which is supported by an exemplary standard of wider reading to support in depth legal arguments. All major points are covered in an answer that has been written at a high standard of English and organized in an excellent manner. There is substantial evidence of personal interpretation, synthesis, evaluation and critical analysis of legal sources and academic synthesis, evaluation and critical analysis of legal sources and academic literature.

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