LEGAL426-19B (HAM)

Commercial Transactions

15 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law
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: carolyne.taylor@waikato.ac.nz
: em.pooley@waikato.ac.nz

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Paper Description

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An examination of the law on sale of goods, personal property securities, credit contracts and consumer finance, and aspects of fair trading and consumer guarantees law.
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Paper Structure

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This is a Semester B paper. The teaching component comprises ONE, 2 hour lecture per week.
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Learning Outcomes

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Students who successfully complete the course should be able to:

  • (a) Identify and apply to given fact scenarios, the statutory and common law rules that apply to contracts governed by the Contract and Commercial Law Act 2017.
    Linked to the following assessments:
  • (b) Identify and apply to given fact scenarios, relevant statutory rules in respect of the financing of the commercial sale and purchase of goods, as provided for by the Personal Property Securities Act 1999.
    Linked to the following assessments:
  • (c) Identify and apply, relevant statutory rules, relating to credit contracts and consumer finance, as prescribed by the Credit Contracts and Consumer Finance Act 2003.
    (d) Identify and apply, relevant statutory provisions and legal principles in relation to fair trading law as contained in the Fair Trading Act 1986
    Linked to the following assessments:
  • (e) Identify and apply relevant statutory rules that relate to the provision of consumer guarantees in respect of both goods and services pursuant to the Consumer Guarantees Act 1993
    Linked to the following assessments:
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Assessment

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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 40:60. There is no final exam. The final exam makes up 60% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 40:60 or 0:0, whichever is more favourable for the student. The final exam makes up either 60% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Legal Opinion/Essay
5 Sep 2019
No set time
40
  • Online: Submit through Moodle
2. Exam
60
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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All law students are required to purchase, for use in all law papers, a copy of McLay, Murray & Orpin, New Zealand Law Style Guide, 3rd edition, Thomson Reuters (2018). This is available from Bennetts, at an approximate price of $37 incl GST.

In addition to the texts identified below, the Faculty of Law requires that students purchase the course materials book(s), of which there are TWO, for this paper. These are available from Waikato Print.

Required

Paper materials- there are TWO materials books for this course.

Statutes

Consumer Guarantees Act 1993

Contract and Commercial Law Act 2017

Credit Contracts and Consumer Finance Act 2003

Fair Trading Act 1986

Personal Property Securities Act 1999

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Recommended Readings

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Highly Recommended

Holderness, H., Introduction to Commercial Law, LexisNexis NZ Limited, Wellington), 5th Edition 2016

Miller L. & Barber M., Understanding Commercial Law, 9th Edition, 2019, LexisNexis NZ Limited, Wellington

Allan,B., The Law of Secured Credit, Thomson Reuters, Wellington, 2016

Tokeley K (ed), Consumer Law in New Zealand, 2nd Edition, 2014, LexisNexis NZ Limited, Wellington

Wood N.,Sale of Goods Law in New Zealand, Thomson Reuters, Wellington, 2018

Recommended

Allan B., Personal Property Securities Act & Analysis, Thomson Reuters, Wellington, 2010

Webb D., and Birkenshaw C., Credit Contracts and Consumer Finance in New Zealand, Brookers Limited, Wellington, 2004.

Bevan B., Consumer Credit, LexisNexis NZ Limited, 2005

Bevan & Others., Consumer Law, LexisNexis NZ Limited, Wellington, 2009

Of Interest

Malbon J and Nottage L(ed), Consumer Law & Policy in Australia and New Zealand, The Federation Press, 2013

Sarah Summers & Stuart Walker, Lending and Securities-changes to consumer and commercial credit laws, June 2012, New Zealand Law Society Continuing Legal Education Limited.

Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the University of Waikato’s online learning system. Any such material is provided on the following terms:

University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of the Te Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-disseminated in any manner or form without the prior written consent of University of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.

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Online Support

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Online support for this paper is provided via Moodle.
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Workload

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Students should expect to spend 150 hours in total on this paper. In addition to lecture attendance, significant time will need to be spent on background and complementary reading. Students should allow for periods of more-focused research time in the preparation of assignments.
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Linkages to Other Papers

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The University of Waikato Calendar 2019, stipulates LEGAL204 Contracts, as a prerequisite. LEGAL426-19B Commercial Transactions is NOT a compulsory course for the law degree.This paper supplements the core law papers with knowledge and skills essential to putting them into practice. However, for students seeking admission as members of AMINZ(Arbitrators and Mediators Institute of New Zealand), it is a compulsory requirement that they complete LEGAL426-19BCommercial Transactions.
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Prerequisite(s)

Prerequisite papers: LEGAL204 or LAWS204

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: LAWS426

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