Monash University Handbooks 2008

LAW7109 - Consumer credit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate Faculty of Law

Leader: T.B.A.

Offered

Not offered in 2008

Synopsis

This subject involves a study in detail of the consumer credit legislation. Topics to be covered include:

  1. the nature of credit, and the scope of the legislation;
  2. truth in lending;
  3. advertising;
  4. formal requirements governing the contracting process;
  5. variations;
  6. product liability (with particular reference to linked credit providers);
  7. securities;
  8. guarantees;
  9. unjust contracts;
  10. termination and enforcement of contracts;
  11. licensing and administration; and
  12. the reform process and proposals for further reform.

Objectives

Students completing this subject will

  1. acquire an understanding of the functions of credit and security;
  2. be familiar with the forms of credit contract principally in use and the reasons for their development;
  3. understand the history and politics of consumer credit law reform up to the time of the most recent legislation;
  4. appreciate the policy concerns which underlie consumer credit legislation and the problems to which regulation gives rise;
  5. have a detailed knowledge of the statute and case law governing consumer credit transactions; and
  6. be in a position to evaluate critically the effectiveness of the legislation and proposals for further reform.

Assessment

Postgrad Research essay (3750 words): 50%
Final examination (2 hours): 40%
Class Participation:10%

Prerequisites

LAW2100 and LAW3400 or equivalent

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