General Course Information
1.1 Course details
|Course code:||LLAW6002 / JDOC6002|
|Course name:||Credit and Security Law|
|Programme offered under:||LLM Programme / JD Programme|
|Prerequisites / Co-requisites:||No|
|Credit point value:||9 credit / 6 credits|
1.2 Course description
This course will examine how money is raised by borrowing; different methods of securing debt obligations; and legal means of creditors taking contractual protection.
The forms of credit and security are divided into the “real” security and the “quasi-security”. The real securities are charges, mortgages, pledges, and common law liens. The quasi-securities include hire-purchase, sales and repurchase, finance leases, and retention of title transactions. All of these forms of security are available to corporate borrowers as well as consumers. A common corporate loan is a charge over book debts; a common consumer loan transaction is a mortgage over land.
In addition to security and quasi-security, creditors can obtain various contractual protection against the debtors and third parties, including a guarantee, indemnity, right of set-off, flawed asset arrangement, or subordination.
The course also examines the conflicts of interests between shareholders and creditors, and the legal doctrines to resolve them. Technical issues will be placed in their business context.
Topics to be studied include:
- types of business finance;
- contractual creditor protection;
- proprietary creditor protection; the concept of security;
- multiple lenders;
- transferred of debts;
- remedies; and
- overseas developments in codifying commercial law.
1.3 Course teachers
|Course convenor||Jason Fu||TBA||N/A||By email|
2.1 Course Learning Outcomes (CLOs) for this course
CLO 1Describe and explain various types of business finance, means of creditors taking contractual and proprietary protection.
CLO 2 Describe and explain various legal issues arising in a multiple lending arrangement.
CLO 3 Describe and explain the legal doctrines on and practice of transferring debts.
CLO 4 Compare and contrast Hong Kong and English law personal property security law regime with those of the other jurisdictions; evaluate reform proposals.
2.2 LLM and JD Programme Learning Outcomes (PLOs)
Please refer to the following link:
2.3 Programme Learning Outcomes to be achieved in this course
|PLO A||PLO B||PLO C||PLO D||PLO E||PLO F|
3.1 Assessment Summary
|Assessment task||Due date||Weighting||Feedback method*||Course learning outcomes|
|Class participation||N/A||20%||5||1, 2, 3, 4|
|Presentation||Class 8-11||30%||5||1 ,2 ,3, 4|
|Take home exam||15 May 2024||50%||2||1 ,2 ,3, 4|
|*Feedback method (to be determined by course teacher)|
|1||A general course report to be disseminated through Moodle|
|2||Individual feedback to be disseminated by email / through Moodle|
|3||Individual review meeting upon appointment|
|4||Group review meeting|
|5||In-class verbal feedback|
3.2 Assessment Detail
To be advised by course convenor.
3.3 Grading Criteria
Please refer to the following link: https://www.law.hku.hk/_files/law_programme_grade_descriptors.pdf
4.1 Learning Activity Plan
|Seminar:||3 hours / week for 11 teaching weeks|
|Private study time:||9.5 hours / week for 11 teaching weeks|
Remarks: the normative student study load per credit unit is 25 ± 5 hours (ie. 150 ± 30 hours for a 6-credit course), which includes all learning activities and experiences within and outside of classroom, and any assessment task and examinations and associated preparations.
4.2 Details of Learning Activities
To be advised by course convenor(s).
|Reading materials:||Reading materials are posted on Moodle|
|Core reading list:||TBA|
|Recommended reading list:||TBA|
Please refer to the following link: http://www.law.hku.hk/course/learning-resources/