LAW5105

Credit and security law 506

Not offered in 1999

Professor A J Duggan

6 points - Three 1-hour classes per week - Clayton - Prerequisites: LAW2100 and LAW3400

Objectives Students completing this subject will (1) acquire an understanding of the functions of credit and security; (2) be familiar with the different forms of secured lending transaction and the reasons for their development; (3) appreciate the factors likely to determine the choice of a particular secured lending instrument; (4) have a sound grasp of the legal and equitable concepts which underpin the different forms of transaction; (5) be familiar with the ways in which the different forms of transaction are regulated; (6) be able to solve problems arising out of the application of case and statute law to particular kinds of transaction; and (7) identify weaknesses in the current law and be able to argue the case for reform.

Synopsis The following topics are covered: introduction; the nature, functions and variety of secured lending transactions; real property securities; chattel securities; receivables financing; company securities; Romalpa clauses; guarantees.

Assessment Optional written assignment (3000 words) and final examination (2 hours): 30% and 70% respectively - or final examination (3 hours): 100%

Texts

Sykes E and Walker S The law of securities 5th edn, Law Book, 1993
Cases and materials, Faculty of Law, Monash University
Chattel Securities Act 1987
Instruments Act 1958
Property Law Act 1958
Corporations Law

Back to the 1999 Law Handbook