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2024/25 Taught Postgraduate Module Catalogue

LAW5580M International Law of Credit and Security

15 creditsClass Size: 60

Module manager: Professor Duncan Sheehan
Email: D.K.Sheehan@leeds.ac.uk

Taught: Semester 2 (Jan to Jun) View Timetable

Year running 2024/25

This module is not approved as an Elective

Module summary

The general aim of the course is to impart an understanding of secured transactions law from an international and comparative perspective; we compare English law to article 9 of the Uniform Commercial Code (UCC) and similar systems. At the end of the module, we look at the Cape Town Convention on International Interests in Mobile Equipment, security interests over cryptocurrencies, including under articles 9 & 12 UCC, and possible reform of English law.

Objectives

On completion of the module, students should
- Understand the purpose of International Credit and Security Law and the economic and political context of the subject matter.
- Have mastered the conceptual building blocks of the area in English law and under the Cape Town Convention.
- Understand the policy drivers behind particular rules and doctrines.
- Be able to draw on comparative sources from the UCC and commonwealth law to assess how those drivers are reflected in different systems and different contexts.
- Be able to apply the law to a given fact scenario and advise clients accordingly
- Be able to construct a sustained argument related to the rules and policies in secured transactions law in a substantial piece of written work.

Seminars will involve constant reflection on the policies behind, for example, registration and policy reasons for disapplying such requirements (eg in financial collateral or crypto-currency contexts). Students are asked to reflect in the seminar questions on the reasons behind different rules, not merely what the rules are. Students are faced with problem questions requiring a detailed knowledge of different aspects of the English law or Cape Town Convention. A formative essay plan allows students to obtain written feedback on how they would approach either a problem or essay.

Learning outcomes
On successful completion of the module students will be able to
- Explain different aspects of the English law of secured transactions, and the law under the Cape Town Convention
- Explain the commercial context of different financing tools and the circumstances in which one might be chosen over another
- Compare the English law with that under the Uniform Commercial Code and commonwealth Personal Property Security Acts
- Analyse the rationales underpinning different systems’ policy choices and critically evaluate those policy choices.
- Apply the law they have learnt to different fact scenarios and advise a target audience accordingly

Skills learning outcomes
On successful completion of the module students will be able to:
- Communicate complex concepts, policy choices and their application within a commercial context to a target audience
- Search for, use and evaluate material from different information sources, including digital sources, to support an argument and draw informed conclusions.
- Critical thinking, demonstrating openness to alternative ideas and have the ability to interrogate sources
- Develop academic skills to enable you to source, understand and apply your discipline


Syllabus

Details of the syllabus will be provided on the Minerva organisation (or equivalent) for the module

Teaching methods

Delivery typeNumberLength hoursStudent hours
Seminar101.5015.00
Private study hours135.00
Total Contact hours15.00
Total hours (100hr per 10 credits)150.00

Opportunities for Formative Feedback

A formal formative assessment opportunity will be provided, which is specifically pedagogically aligned to the summative assessment task. As part of this, each student will receive individual feedback designed to support the development of knowledge and skills that will be later assessed in the summative assessment.

Methods of assessment


Coursework
Assessment typeNotes% of formal assessment
AssignmentCoursework100.00
Total percentage (Assessment Coursework)100.00

Normally resits will be assessed by the same methodology as the first attempt, unless otherwise stated

Reading list

The reading list is available from the Library website

Last updated: 04/04/2024

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