LAW7219

Security over intangible property ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: T.B.A.

Offered:
Not offered in 2005.

Synopsis: Legal incidents of various classes of intangible property. Law relating to mortgages, charges, pledges and liens to situations involving intangible property as security. Alternatives to applying standard secured financing arrangements. Desirability of law reform in relation to taking security over certain classes of intangible property, including comparisons with legislation in other jurisdictions and any relevant international conventions.

Objectives: Upon completion of this subject students should (a) have a detailed understanding of the operation of standard forms of security arrangements such as a mortgage, charge, pledge and lien; (b) have a detailed understanding of legal and practical alternatives to these types of security arrangements in situations where such traditional arrangements are unable to create effective security because of the nature of the property involved; (c) have a general understanding of the legal and practical meanings of the term "intangible property"; (d) be able to identify the specific legal incidents of various forms of intangible property and the implications of this for a financier's ability to take effective security over such property; (e) be able to understand, evaluate and apply legal and policy arguments in favour of reform of certain areas of law and practice in respect of taking security over various categories of intangible property;(f) have further developed legal research and writing and legal argument skills by undertaking systematic research into law and practice relating to difficulties with taking security over intangible property; (g) have developed analytical and problem-solving skills in relation to problems involving security over intangible property; and, (h) have developed skills of oral presentation in an interactive seminar context.

Assessment: Supervised examination (1.5 hours): 50% + Research paper (3500 words): 50%