Monash University Handbook 2010 Undergraduate - Unit

Synopsis

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. The reform process and proposals for further reform.

Objectives

Students completing this unit 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;
3. appreciate the policy concerns which underlie consumer credit legislation and the problems to which regulation gives rise;
4. have a detailed knowledge of the statute and case law governing consumer credit transactions; and
5. be in a position to evaluate critically the effectiveness of the legislation and proposals for further reform.

Assessment

Optional research essay (2400 words): 30%
Final examination (2 hours plus 30 minutes reading and noting time): 70% OR Final examination (2.5 hours plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104 ; LAW2100 or LAW2101 and LAW2102 ; LAW3400 or LAW3401 and LAW3402