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BANKING AND FINANCIAL LAW

Module code: LW453
Credits: 10
Semester: 2
Department: LAW
International:

	Overview
	Students will learn the fundamental legal principles governing the operation of the banking system. This module will explore the multiplicity of legal relationships involved in banking, and the course will draw on numerous areas of law including contract law, equity, company law, property law (both real and personal). Since banking law is highly international, students will be exposed to non-Irish sources of law as well. Any aspect of this module may be changed in any given academic year, subject to the discretion of the module lecturer.

Overview

Students will learn the fundamental legal principles governing the operation of the banking system. This module will explore the multiplicity of legal relationships involved in banking, and the course will draw on numerous areas of law including contract law, equity, company law, property law (both real and personal). Since banking law is highly international, students will be exposed to non-Irish sources of law as well.

Any aspect of this module may be changed in any given academic year, subject to the discretion of the module lecturer.

	Learning Outcomes
	On successful completion of the module, students should be able to: Display an in-depth knowledge of the fundamentals of the banking system and its inter-connectedness internationally. Understand the legal relationship between a bank and its customer, and the respective rights and obligations of these parties in relation to such matters as confidentiality and the giving of financial advice. Comprehend the extensive statutory rules governing the provision of financial services and its regulation as well as the penalties for violation of these rules. Recognise and identify the key principles relating to the law of securities and guarantees; and in particular such matters as mortgages, liens, charges and pledges. Identify the potential liability of the bank and its customers to claims and to demonstrate the ability of third parties to interfere in the privity of the banking relationship Analyse, debate and criticise the legal regulation of the banking system and draw conclusions as to its effectiveness and fairness. Interpret a given factual matrix in light of banking law principles, summarise the main legal issues involved and construct an opinion as to the legal position.

Learning Outcomes

Teaching & Learning methods

Assessment

	Autumn Supplementals/Resits
	Are supplemental/resit registrations permitted? Yes 40% pass mark. Continuous assessment mark carried forward. University scheduled written examination (Autumn): 180 minutes Is Supplemental Continuous Assessment registration permitted? No Is Supplemental Continuous Assessment capped? No

Timetable

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Courses / Module

BANKING AND FINANCIAL LAW

Semester 1

Semester 2