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LAW49315: Financial Products and Contracts

Type Open
Level 4
Credits 15
Availability Available in 2024/2025
Module Cap None.
Location Durham
Department Law

Prerequisites

  • None

Corequisites

  • None

Excluded Combinations of Modules

  • None

Aims

  • To introduce students to the financial structure, main objectives, and legal aspects of selected financial products.
  • To provide advanced knowledge and understanding of the principles of law applicable to loans, derivatives, shares, bonds, securitisation and other more complex financial instruments.
  • To enable students to understand the legal risks associated with specific financial instruments.
  • To provide an advanced understanding of the main clauses found in financial contracts.

Content

  • Nature and functions of collateral, security interests, and other property rights in
  • English law
  • Shares (legal and financial aspects, contract design, main clauses)
  • Bonds (legal and financial aspects, contract design, main clauses)
  • Derivatives (legal and financial aspects, contract design, main clauses)
  • Loans (legal and financial aspects, contract design, main clauses)
  • Loan securitization (legal and financial aspects, contract design, main clauses)
  • Trade finance (legal and financial aspects, contract design, main clauses)
  • Project finance (legal and financial aspects, contract design, main clauses)
  • Conflict of laws issues and dispute settlement

Learning Outcomes

Subject-specific Knowledge:

  • Students will gain an advanced understanding of the nature and function of selected financial products.
  • Students will gain an advanced understanding of the principles of law applicable to selected financial transactions and products.
  • Students will learn the secondary literature on contract law and transactional aspects of financial law.
  • Students will gain an advanced knowledge of the main contractual clauses found in selected financial products.
  • Students will gain an advanced knowledge of selected conflict of laws and adjudication principles applicable to international financial transactions

Subject-specific Skills:

  • Students will be able to identify the core legal issues relating to the drafting of financial contracts.
  • Students will be able to articulate and apply the core principles of financial law to real financial transactions.
  • Students will be able to engage in informed debates on the evolution of the law of finance.
  • Students will be able to identify the main strategies to address problems in international financial transactions.
  • Students will be able to develop expertise in conducting research on legal materials from a variety of national and comparative sources.
  • Students will be able to formulate complex legal arguments.

Key Skills:

  • Advanced research skills
  • Advanced writing skills
  • Ability to work independently and take responsibility for their learning.
  • Ability to analyse and comment critically on laws, regulations, and policies
  • Ability to engage with the academic literature

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

  • The teaching will be based on seminars supported by substantial but targeted reading assignments before each seminar to provide a deeper understanding of the issues. The readings are selected from established doctrinal sources and cutting-edge scholarship in the area.
  • The assessment supports the aims of the teaching methods. The summative essay will assess the ability of the students to analyse the subject material, conduct research, and present a structured and articulate argument on the subject.

Teaching Methods and Learning Hours

ActivityNumberFrequencyDurationTotalMonitored
Seminars8Weekly2 hours16Yes
Preparation and Reading134 
Total150 

Summative Assessment

Component: EssayComponent Weighting: 100%
ElementLength / DurationElement WeightingResit Opportunity
Essay3000 words100

Formative Assessment

The formative will entail the analysis of a legal issue on a topic covered by the syllabus. The analysis will be 1000 words in length.

More information

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