Law School Module Details

The information contained in this module specification was correct at the time of publication but may be subject to change, either during the session because of unforeseen circumstances, or following review of the module at the end of the session. Queries about the module should be directed to the member of staff with responsibility for the module.
Title ASPECTS OF BANKING LAW
Code LAWK107
Coordinator Mr J Savirimuthu
Law
Joseph.Savirimuthu@liverpool.ac.uk
Year CATS Level Semester CATS Value
Session 2022-23 Level 7 FHEQ Whole Session 15

Aims

The module seeks to introduce students to the topics and key Aspects of the theory and practice of Banking Law. This module aims to:
Develop students understanding of the legal principles applying to banking law.
Encourage students to incorporate broader economic, political, and cultural dimensions into discourses on good governance in the banking system.
Provide students with contexts for identifying and evaluating the practical effects and commercial significance of legal rules relating to banking.
Facilitate the use of effective research methods relevant to banking law.


Learning Outcomes

(LO1) Students will be able to demonstrate understanding of the scope and nature of the regulatory infrastructure of the institution of banking.

(LO2) Students will be able to use the knowledge of new techniques of financing, structuring of banking-client relationships to identify and resolve emerging legal issues and practical steps to be taken.

(LO3) Students will be able to evaluate the extent to which banking law rules are responsive to current and emerging challenges facing the institution of credit and finance in a national and international setting.

(LO4) Students will be able to undertake effective research, appropriate to assessing obligations under the bank-customer relationship as well as the use of various risk management instruments to be meet the needs and expectations of business and commerce in the international landscape.

(LO5) Students will be able to use of effective research methods for communicating policy debates and challenges facing the institution of banking in the global marketplace. These include acquisition of critical skills with regard to the merits of particular banking law enactments/policies and making reasoned choices between alternative approaches and solutions.

(LO6) Demonstrate an ability to analyse and present materials.

(LRE1) Problem solving.
Students will be encouraged to think critically about the scope and nature of banking law, and enforcement mechanisms to scrutinise the rationale and assumptions underpinning the institution of banking in the global marketplace. This will be evidenced by engaging in relevant research, mobilising knowledge, synthesising information, analysing alternative perspectives and options and presenting a reasoned and coherent response or advice.

(LRE2) Reflective Practice.
The teaching, learning, and assessment strategy in this module ensures that students are exposed to diverse ideas and values associated with banking regulation. Students will demonstrate understanding of the changing needs and expectations of businesses and the interplay between the regulation and governance of banking and trust, integrity and stability in the banking and finance system.

(LRE3) Understanding of key aspects of banking law.
The module content as well as independent reading, discussion and inquiry engage with key banking law institutions, structures and governance mechanisms and assess their relevance and likely impact on corporate decision making and strategies for managing lending and credit risks.

(LRE4) Internationally aware.
Students will gain an understanding of the wider ramifications of the theory and practice of banking law and implications for businesses operating in the international business landscape.

(LRE5) Research, Communication, and IT fluency.
Students will have opportunities to demonstrate research, communication, and IT skills during the course of research, participation and submission of assessments. Reading, analysing and synthesising different viewpoints, becoming familiar key theoretical, conceptual and legal aspects of banking law, and presenting findings/conclusions to selected problems in clear, comprehensible, structured format.

(LRE6) Time management and planning.
Students evidence their assumption of responsibility for management of their assignments and ability to meet deadlines.


Syllabus

 

The topics to be covered in the module include:
Introduction to banking law: The UK banking system; Sources of banking law; Legal definition and privileges of banks; Protection of consumers; Control of money laundering.
Regulation of banking activities: The need for controls Regulation and supervision of the banking sector.
The bank and its customers: Contractual relationship of banker and customer; Fiduciary duties of a bank; Issue of undue influence; Duty of care in contract and tort; Duty of confidentiality.
Negotiable instruments: Features of negotiable instruments; Crossing and its effects Holder's duties in respect of cheques; Bills of exchange other than cheques.
Legal rules relating to payments: Bank's duty to pay cheques; Liability for wrongful payment; Common law defences; Statutory protection; Customer remedies.
Electronic payment systems: Introduction and basic concepts; Electronic clearing systems; International money transfers; L egal aspects of money transfer; Time of payment and countermand.
Financing and loans: Overdrafts and loans; Legal nature of overdrafts; Bank loans; Syndicated loans; Lender liability.
Securities for bankers' advances: General principles of securities; Mortgages over land; Proprietary securities over goods; Securities granted by companies; Choses in action as security.


Teaching and Learning Strategies

The Learning and Teaching Strategy has been guided by the Liverpool Curriculum Framework. This includes the emphasis placed on the value of developing module content informed by current and cutting-edge research in the relevant subject area (s) and needs of professionals in the business and commercial sector. Students will be provided with relevant knowledge of contemporary business and commercial contexts, as well as equipping them with the skills necessary to enable them to demonstrate their ability to critically engage with current and emerging banking law issues encountered in the international business and commerce landscape.
The module will primarily be delivered through a series of e-lectures, delivered through a variety of methods, covering key concepts, themes, issues and case studies. These will be supported by individual online tasks such as, case studies, interactive exercises, use of IT tools and discussion boards, which will be used to develop and apply learning. T hese activities will be moderated by the module instructor. Students will also be directed to key academic and practitioner readings to further develop their learning.
Description: Asynchronous learning materials, directed and independent reading which enable students to develop their understanding of key aspects of banking law in international business and commerce. The asynchronous lectures will be complemented by the use of discussion boards, interactive exercises and 2 synchronous workshops (2 hours each) to help student acquire and apply their knowledge and legal skills. The asynchronous lectures will equate to 60 minutes per week over an 8 week duration.
Attendance Recorded: Yes – tracked via the learning platform.
Scheduled Directed student hours: 4 hours
Description: Each synchronous seminar will equate to 2 hours in total.
Attendance Recorded: Yes – tracked via the learning platform.


Teaching Schedule

  Lectures Seminars Tutorials Lab Practicals Fieldwork Placement Other TOTAL
Study Hours           8

8
Timetable (if known)              
Private Study 142
TOTAL HOURS 150

Assessment

EXAM Duration Timing
(Semester)
% of
final
mark
Resit/resubmission
opportunity
Penalty for late
submission
Notes
             
CONTINUOUS Duration Timing
(Semester)
% of
final
mark
Resit/resubmission
opportunity
Penalty for late
submission
Notes
Discussion Board Contribution Reassessment Opportunity: 500-word written coursework based on a discussion post prompt Penalty for Late Submission: Standard UoL penalty applies Anonymous Assessmen    20       
Individual slide deck presentation Reassessment Opportunity: individual assignment of c15 slides with same brief Penalty for Late Submission: Standard UoL penalty applies Anonymous Assessment: Ye    20       
Critical analysis of a case study Reassessment Opportunity: A repeat assignment with the same brief. Penalty for Late Submission: Standard UoL penalty applies. Anonymous assessment: Yes    60       

Recommended Texts

Reading lists are managed at readinglists.liverpool.ac.uk. Click here to access the reading lists for this module.

Other Staff Teaching on this Module

Ms LE McManus School of Law and Social Justice L.E.Mcmanus@liverpool.ac.uk

Modules for which this module is a pre-requisite:

 

Pre-requisites before taking this module (other modules and/or general educational/academic requirements):

 

Co-requisite modules:

 

Programme(s) (including Year of Study) to which this module is available on a required basis:

 

Programme(s) (including Year of Study) to which this module is available on an optional basis:

 

Additional Programme Information