LAW4109

Consumer credit 406

Not offered in 1998

Professor A J Duggan

6 points
* One 2-hour seminar per week plus occasional additional 1-hourly classes
* 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 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.

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.

Assessment LLB Research essay (3000 words): 30%
* Final examination (2 hours): 70%
Assessment LLM Research essay (5000 words): 50%
* Final examination (2 hours): 50%

Texts

Duggan A, Begg S and Lanyon E Regulated credit: The credit and security aspects Law Book, 1989
Cases and materials, Faculty of Law, Monash University
Credit Act 1984
Credit (Administration) Act 1984
Consumer Credit Code