LAW4688 - Comparative commercial transactions law - 2018

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Marilyn Pittard (Prato Convenor)

Unit guides

Offered

Prato

  • Term 2 2018 (On-campus block of classes)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:

LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111

For students who commenced their LLB course prior to 2015:

LAW1100 OR LAW1101 and LAW1102 or LAW1104 or equivalent

Prohibitions

LAW 4219 Law of Financial Transactions; LAW4701Not offered in 2018 Commercial transactions

Synopsis

This unit introduces students to the legal issues relating to transactions undertaken by companies in order to borrow money for their activities. The unit is in two parts. In the first part of the unit, measures of obtaining finance are examined in light of the main principles of the law of secured transactions. The unit undertakes comparisons of jurisdictions and compares the American Uniform Commercial Code and Australian legislation, the Personal Property Securities Act 2009 (Cth), to the law in England and in Israel. The second part of the unit focuses on the law of assignment of debts and raising money through factoring and securitisation.

Outcomes

On completion of the Unit, students will be able to:

  1. Outline and explain the main principles and policies of the fields of security interests and assignment of debts
  2. Apply the law of secured transactions and the rules of security interests and assignment of debts to complex legal issues
  3. Evaluate and compare modern techniques of raising money.

Assessment

Class participation: 10%

Presentation on issue/topic:10%

Report (written report from class presentation) (1000 words): 20%

Take-home examination (3000 words): 60%

Note: an attendance hurdle of 80% of classes applies to Prato units. This means that students who fail to attend at least 80% of the classes (ie who, for most units, miss more than 2 classes) will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to illness or other exceptional circumstances must make an application for in-semester special consideration.

Workload requirements

Minimum total expected workload to achieve the learning outcome for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information