Credit and security law 506
Not offered in 1997
Professor A J Duggan
6 points
* Three 1-hour classes per week
* One semester
*
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
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