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:
- the nature of credit, and the scope of the legislation;
- truth in lending;
- advertising;
- formal requirements governing the contracting process;
- variations;
- product liability (with particular reference to linked credit providers);
- securities;
- guarantees;
- unjust contracts;
- termination and enforcement of contracts;
- licensing and administration; and
- the reform process and proposals for further reform.
Objectives
Students completing this subject will
- acquire an understanding of the functions of credit and security;
- be familiar with the forms of credit contract principally in use and the reasons for their development;
- understand the history and politics of consumer credit law reform up to the time of the most recent legislation;
- appreciate the policy concerns which underlie consumer credit legislation and the problems to which regulation gives rise;
- have a detailed knowledge of the statute and case law governing consumer credit transactions; and
- 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