732-302 Banking and Finance Law

Coordinator:

Prerequisite/s:

Timetable:

Contact:

Objectives:

At the end of this course students should:

• have an appreciation of ways in which legal concepts and rules influence the choice and use of various typical forms of non-equity financing;

• understand the structure of the Credit Act 1984, its main provisions governing consumer finance transactions, and the main cases interpreting those provisions;

• understand the legal principles governing the relationship between banker and customer, and the consequences of that relationship;

• understand the legal concepts of assignment and negotiability;

• understand the structure of the Bills of Exchange Act 1909 and the Cheques and Payment Orders Act 1986, their main provisions and the main case law interpreting those provisions;

• have a knowledge of the different classes of securities, their creation, and the rights and obligations they bear on lenders and borrowers;

• have acquired skills in analysing fact situations involving financing, banking or security consequences, and considering the application of rules of law to them.

Content:

The legal concepts that underlie most financing transactions; laws regulating various forms and instruments of finance and various types of security. Topics will include the nature and role of commercial and consumer finance; types and incidents of personal, property and chattel securities; regulation of various forms of commercial finance and securities; regulation of consumer credit; various aspects of bank finance (including nature and incidents of the banker-customer relationship, and negotiable instruments as financing tools.)

Assessment:

Prescribed Texts:

A reading list will be provided at the beginning of the subject.