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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