Durham University
Programme and Module Handbook

Postgraduate Programme and Module Handbook 2024-2025 (archived)

Module LAW49315: Financial Products and Contracts

Department: Law

LAW49315: Financial Products and Contracts

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

Prerequisites

  • None

Corequisites

  • None

Excluded Combination 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

Activity Number Frequency Duration Total/Hours
Seminars 8 Weekly 2 hours 16
Preparation and Reading 134
Total 150

Summative Assessment

Component: Essay Component Weighting: 100%
Element Length / duration Element Weighting Resit Opportunity
Essay 3000 words 100%

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.


Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University