Syllabus for Commercial Law
Students are required to demonstrate competence and achieve a pass in all three parts, except where they are eligible for exemption as may be approved by the Board.
Part A: Sale and Acquisition of Goods
Transfer of Title
- The rule nemo dat quod non habet
- Exceptions to nemo dat
- Legal and Equitable Interest
Sale of Goods
- Duties of Sellers and Buyers, Express and Implied Terms
- Implied Terms
- Passing of Property
- Applicable nemo dat exceptions
- Remedies
Non-sale Acquisitions: nemo dat and Gifts
- Applicable nemo dat exceptions
- Gifts – Conditional Gifts – Gifts of Future Property
Part B: Personal Property
Personal Property and Interests in Personal Property
- Types of Personal Property – Chose in Possession – Chose in Action
- Ownership (especially mere equities) – Possession (finders’ possessory
- interests) – Bailment;
- Legal and Equitable Assignment
Credit and Security
- Types of Security: Pledges – Liens – Mortgages (other than of land) – Bills of Sale – Fixed and Floating Charges
- Retention of Title (Romalpa) Clauses
- Set-off;
- Assignments of Choses in Action: Statutory, Legal and Equitable Assignments
- Rules of Priority
- Banking and Customer Relationship
- Negotiable Instruments: Bills of Exchange
Part C: Consumer Credit and Protection
Regulatory Framework
- Money Lenders Ordinance and Pawn Brokers Ordinance
- Function and Power of Consumer Council, Funds for Litigation and Group Litigation
Consumer Credit
- · Law of Guarantees
Consumer Protection
- Unconscionable Contracts Ordinance
- Control of Exemption Clauses Ordinance
- Supply of Services (Implied Terms) Ordinance
- Money Lenders Ordinance
- Protection of Vulnerable Consumers: Misrepresentation, Undue Influence, Duress
- Powers and Responsibilities of Personal Guarantor
Doctrine of relation back and fraudulent preference
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