Topic: Equity and Trusts
Patrick Parkinson has asserted that ‘a single doctrine of equitable estoppel’ was ‘established from the majority judgments in Waltons Stores (Interstate) v Maher’ (P Parkinson (ed), The Principles of Equity, (LBC Information Services: 1996), 222).
However, Young, Croft and Smith, On Equity (Lawbook Co: 2009) at 829, contend that ‘the idea that there was one overarching principle governing all cases of equitable estoppel’ is ‘heresy’ and ‘has now been jettisoned’.
In your opinion, which of these represents the more accurate statement of the law today? Why? Does it matter which view is correct?
You should support your argument by detailed reference to at least four cases.
Read the question carefully.
You must discuss and research and support and back up your arguments clearly.
Each parts of the question must be discussed separately step by step and clearly.
No cover page.
Do not repeat the assignment question.
Do not keep repeating your arguments.
NO COVER LETTER.
• You are expected to go beyond the textbook and suggested readings;
• You are expected to use the resources (including law texts and law journals) available in the Murdoch Law Library and the databases available through the Murdoch Library website to conduct your own research into the essay topic and to incorporate your findings into your answer to the essay question;
• You must include a bibliography giving details of texts, cases and journal articles referred to in the process of preparing your assignment.
• You must include footnotes.
The assignment must be completed in 12-point default Times New Roman (font and style).
REFERENCING = You must follow the style of citation found in Melbourne University Law Review Inc, Australian Guide To Legal Citation, 3rd ed (Melbourne: the Review, 2011), on the Web at http://mulr.law.unimelb.edu.au/ and also in the subject guide for law available on the Murdoch library home page at: http://libguides.murdoch.edu.au/law.
Your essay should be no longer than 2300 words excluding footnotes and bibliography.
The mark for your assignment will be determined by reference to:
• Legal content;
• Quality of analysis;
• Clarity and organisation; and
• Presentation (including freedom from distracting stylistic errors (grammatical, spelling, punctuation and typographical), and consistent use of the Australian Guide To Legal Citation, 3rd ed (see above).
You are expected to use the resources (including law texts and law journals) available in the Murdoch Law Library and the databases available through the Murdoch Library website to conduct your own research into the essay topic and to incorporate your findings into your answer to the essay question;
SOME IDEA OF RESOURCES BUT YOU MUST GO BEYOND THESE RESOURCES AND RESEARCH IN DEPTH FOR THE ASSIGNMENT QUESTION.
Textbooks and Statutes
• Essential textbook
PW Young, C Croft and ML Smith, On Equity (Lawbook Co, 2009)
ISBN 9780455224081. This book is available for purchase at the Murdoch University Bookshop.
• Essential statute
Trustees Act 1962 (WA). This statute may be downloaded from the State Law Publisher’s website: http://www.slp.wa.gov.au/Index.html.
Some helpful Resources for Extra Reading for the unit
Dal Pont, GE and DRC Chalmers, Equity and Trusts in Australia and New Zealand (5th ed, LBC, 2011).
Dal Pont GE, DRC Chalmers, and JK Maxton, Equity and Trusts: Cases and Materials (5th ed, LBC, 2011).
Evans, M, Equity and Trusts (3rd ed, Butterworths, 2012).
Heydon, JD and MJ Leeming, Cases and materials on Equity and Trusts (8th ed, LexisNexis Butterworths, 2011).
Heydon JD and MJ Leeming, Jacobs Law of Trusts in Australia (7th ed, LexisNexis Butterworths, 2006).
Radan P, C Stewart and I Vickovich, Principles of Australian Equity and Trusts: Cases and Materials (LexisNexis Butterworths, 2010)
