Module overview
The provision of credit is central to the financing of commercial activity. A significant factor dictating the availability and the terms governing the provision of credit is the ability of the borrower to provide security to the lender for the repayment of credit. This 15 CATS module will introduce the foundation principles surrounding the grant of security for the repayment of credit concentrating on small to medium size businesses.
Aims and Objectives
Learning Outcomes
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- C2.Analyse complex written texts and evaluate different types of arguments.
- C4.Communicate arguments effectively.
- C1.Undertake independent research and access primary and secondary sources effectively.
- C3.Construct arguments and solve problems based on premises drawn from various sources.
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- A1.The national, regional and international institutional framework of business finance law and its corporate and commercial agendas within wider economic activity with a focus upon small to medium size enterprises.
- A4.Powers and remedies of the lender in the event of the borrower’s insolvency.
- A3.Common forms security over tangible and intangible property.
- A2.The core principles, concepts and doctrines of business finance law and their application to commercial relationships, transactions and corporate parties.
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- B3.Communicate legal arguments arising out of business finance disputes clearly, accurately and objectively.
- B1.Identify, evaluate and apply key legal principles in solving complex business finance problems in the commercial context, citing legal authorities.
- B2.Identify and critically evaluate key legal and policy issues affecting business finance law.
Syllabus
The syllabus will focus upon loan financing within the small to medium size business context (NB It will not cover equity financing):
- The national, regional and international institutional framework of business finance law and its corporate and commercial agendas;
- The core principles, concepts and doctrines of business finance law and their application to commercial relationships, transactions and corporate parties.
- Common forms security over tangible and intangible property;
- Powers and remedies of the lender in the event of the borrower’s insolvency;
- Possible legal developments to improve the efficiency and effectiveness of business finance law effecting parties in the commercial context.
Learning and Teaching
Teaching and learning methods
Teaching methods include:
- Weekly 2 hour seminars, incorporating tutor led discussion with opportunities for group and individual student presentations (the balance between individual and group presentations will depend on the number of students in the module).
Learning methods include:
- Essential and additional directed reading as per distributed reading lists provided on Blackboard; - Engagement with current legal or commercial developments to ensure you can relate the material being discussed in class to contemporary issues in the financing of small to medium size companies.
Type | Hours |
---|---|
Independent Study | 130 |
Teaching | 20 |
Total study time | 150 |
Resources & Reading list
Textbooks
Calnan. Security: Law and Practice. Jordans.
Goode & Gullifer. Legal Problems of Credit and Security. Sweet & Maxwell.
Beale, Bridge, Gullifer and Lomnicka (2012). Law of Security and Asset Based Financing. Oxford: Oxford University Press.
Assessment
Formative
This is how we’ll give you feedback as you are learning. It is not a formal test or exam.
Class discussions
- Assessment Type: Formative
- Feedback: Feedback will be via the Law School Feedback sheets, through comments written on the formative work, and orally in a class discussion of the formative work, as well as feedback as reflected in the mark awarded.
- Final Assessment: No
- Group Work: No
Summative
This is how we’ll formally assess what you have learned in this module.
Method | Percentage contribution |
---|---|
Examination | 100% |
Referral
This is how we’ll assess you if you don’t meet the criteria to pass this module.
Method | Percentage contribution |
---|---|
Examination | 100% |
Repeat
An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.
Method | Percentage contribution |
---|---|
Examination | 100% |
Repeat Information
Repeat type: Internal & External