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DRPS : Course Catalogue : School of Law : Law

Postgraduate Course: The law relating to debt (LAWS11298)

Course Outline
SchoolSchool of Law CollegeCollege of Humanities and Social Science
Course typeStandard AvailabilityNot available to visiting students
Credit level (Normal year taken)SCQF Level 11 (Postgraduate) Credits20
Home subject areaLaw Other subject areaNone
Course website None Taught in Gaelic?No
Course descriptionAn examination of selected issues regarding the law relating to debt, including the provision of rights in security to facilitate the raising of finance (through rights in security or quasi-security devices); the enforcement of rights in security and security like devices; debt enforcement through execution of judgments. The course will primarily focus on law within the United Kingdom and will take an advanced look at a variety of topics. Theoretical and comparative law material from a variety of systems (in Europe and the anglo-american tradition) will be used to examine the subjects studied.
Entry Requirements (not applicable to Visiting Students)
Pre-requisites Co-requisites
Prohibited Combinations Other requirements None
Additional Costs None
Course Delivery Information
Delivery period: 2013/14 Semester 1, Not available to visiting students (SS1) Learn enabled:  No Quota:  25
Web Timetable Web Timetable
Course Start Date 16/09/2013
Breakdown of Learning and Teaching activities (Further Info) Total Hours: 200 ( Seminar/Tutorial Hours 20, Programme Level Learning and Teaching Hours 4, Directed Learning and Independent Learning Hours 176 )
Additional Notes
Breakdown of Assessment Methods (Further Info) Written Exam 0 %, Coursework 100 %, Practical Exam 0 %
No Exam Information
Summary of Intended Learning Outcomes
By the end of the course, students should have:
(1) general knowledge and understanding of the fundamental legal concepts underpinning the areas of debt, rights in security and security like devices discussed in the course, as well as knowledge and understanding of the legal rules applicable in these areas arising in national and comparative contexts;
(2) an in-depth knowledge and understanding of some particular areas of law within this broader framework;
(3) an advanced ability to differentiate between and use appropriately primary and secondary sources of law, and identify, retrieve and use relevant and appropriately up-to-date legal information ensuring sources that are up-to-date, appropriate to the context of the law relating to debt, rights in security and security like devices;
(4) an advanced ability to identify accurately the issues which require to be researched, and to formulate them clearly;
(5) an advanced ability to analyse, evaluate, and interpret primary and secondary legal sources relevant to the law relating to debt, rights in security and security like devices, and to view critically existing legal rules within that context;
(6) an advanced ability to produce a synthesis of relevant evidence (eg doctrinal and policy issues) in relation to a topic studied in the law of debt, rights in security and security like devices and to make a critical judgment of the relative and absolute merits of particular arguments and solutions;
(7) an advanced ability to understand and use the English language proficiently in relation to legal matters being able systematically to structure academic writing, expressing views and ideas succinctly, pursuing and argument with proper care and attention to academic literature with proper recognition of counter-arguments;
(8) an advanced ability to present knowledge or an argument in a way which is comprehensible to its intended audience, directed to the concerns of that audience (both orally and in writing);
(9) an advanced ability to read and discuss legal materials relating to the law relating to debt, rights in security and security like devices which are written in technical and complex language;
(10) an ability to produce a word-processed essay and to present such work in an appropriate form;
(11) an advanced ability use language proficiently in relation to the law relating to debt, rights in security and security like devices and specifically to use appropriate legal terminology in work, and to use recognised methods of citation and reference, and to structure a substantial and appropriately referenced piece of work, present it concisely and express oneself clearly and coherently in which the student should demonstrate the ability to articulate, evidence and sustain a line of argument and to engage in a convincing critique of counter-arguments;
(12) an advanced ability to display an informed knowledge and understanding of the social and economic contexts in which law operates and how law responds to these social and economic contexts by displaying legal knowledge in association with related policy and underlying social conditions; and
(13) to develop the ability to evaluate and critique legal and scholarly material.
Assessment Information
Assessed coursework - with students writing a 5,000 word essay answering one of a range of questions set by the internal examiner 100%
Special Arrangements
This would not be a compulsory course for any programme but would form part of the programme on the LLM Commercial law
Additional Information
Academic description This course is intended to form one of two courses to replace the existing Law relating to debt and Insolvency LLM class.
Syllabus The syllabus will vary from year to year to cover subjects of topical interest but may include: terminology and taxonomy of rights in security and security like devices; theories relating to social and economic justifications for the priority of secured credit; the law relating to pledge; securities arising by operation of law (including liens); non-possessory securities; floating charges; the raising of finance on incorporeal property; trusts as security devices; retention of title clauses; debt factoring; securitisation; personal guarantees; third party securities; judicial enforcement of court orders for payment; personal property security acts; Article 9 of the United States Uniform Commercial Code; international private law aspects of secured finance.
Transferable skills See learning outcomes for identification of the transferable skills in communication, research, personal effectiveness, and personal autonomy.
Reading list An illustrative list of some general textbooks that can be used for the class. Textbooks cited will vary dependent on the topics studied. Our library holdings in this area are generally very good as we have good holdings to support the existing LLM class on the law relating to debt and insolvency.

JH Dalhuisen, Dalhuisen's Transnational Comparative, Commercial, Financial and Trade Law: Financial Products, Financial Services and Financial Regulation (4th edn, 2010)
RM Goode, H Kronke, E McKendrick, & Wool Transnational Commercial Law: Text, Cases and Materials (2nd edn, 2012))
LS Sealy and RJA Hooley, Cases, Text and Materials on Commercial Law (2008, 4th edn),
Ewan McKendrick, Goode on Commercial law (4th edn, 2010)
RG Anderson, Assignation (2008)
E Ferran, Principles of Corporate Finance Law (2008, 2nd edn) (the earlier edition, Company law and corporate finance (1999) stil has utility for some general principles
WM Gloag and JM Irvine, The law of rights in security and cautionary obligations (1897)
Louise Gullifer, Goode on Legal Problems of credit and Security (4th edn, 2008)
N Ruddy, S Mills, N Davidson, Salinger on Factoring (4th edn, 2006) (new edition coming soon)
M Bridge, Personal Property Law (3rd edn, 2002) ch 7
M Graziadei, U Mattei and L Smith (eds), Commercial trusts in European Private law
E-M Kieninger (ed) Security rights in movable property in European Private law (2004)
R Cranston, Principles of Banking Law (2002, 2nd edn)
L Crerar, Banking Law in Scotland (2007, 2nd edn).
Ellinger, Lomnicka and Hare, Modern Banking Law (2011, 5th edn)
PR Wood, The Law and Practice of International Finance Series
Study Abroad Not entered
Study Pattern 2 hour seminar per week for one semester. By preference the course would be taught in the first semester.
Keywordslaw, debt, commercial law, rights in security, execution of judgments, trusts, asset finance, receiv
Course organiserMr Scott Wortley
Tel: (0131 6)51 4307
Course secretaryMiss Amanda Mackenzie
Tel: (0131 6)50 6325
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