units

LAW5105

Faculty of Law

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Monash University Handbook 2011 Undergraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

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

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2011

Synopsis

The nature, functions and variety of secured lending transactions; real property securities; chattel securities; receivables financing. Company securities. Romalpa clauses. Guarantees. Personal property securities reform.

Objectives

Students completing this unit 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.

Assessment

Assignment (3000 words): 30%
Examination (2 hours writing time plus reading time): 70% OR Examination (3 hours writing time plus reading 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