Monash University Handbook 2010 Postgraduate - Unit

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.

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;
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

Postgrad Research essay (3750 words): 50%
Final examination (2 hours): 40%
Class Participation:10%

Prerequisites

LAW2100 and LAW3400 or equivalent