PART B: PERSONAL PROPERTY

A.

Personal Property and Interests in Personal Property

i.

Types of Personal Property

1)

Chose in Possession

2)

Chose in Action

ii.

Ownership (especially mere equities)

1)

Legal Ownership

2)

Equitable Ownership

3)

Co-ownership

4)

Equity (or mere equity)

iii.

Possession
1)

Finders possessory interests

2)

Occupiers rights

iv.

Bailment
1)

Possession by bailee

2)

Bailee must have consented to the possession of the chattel

3)

Bailor must have superior interest in the chattel

v.

Bailees duty

vi.

Rights of bailee against 3rd parties

vii.

Legal and Equitable Assignment

B.

Credit and Security

i.

Types of Security

ii.

Pledges
1)

Possession

iii.

liens
1)

Possession

iv.

Mortgages (other than of land)

v.

Bills of Sale - Fixed and Floating Charges

1)

Fixed charge

2)

Floating Charge

vi.

Registration of charges under Companies Ordinance

1)

Priority Date of Registration

2)

Effect of Registration

3)

Consequence of Non-Registration

4)

Charge over land

vii.

Crystallisation
1)

Events triggering crystallisation

viii.

Priority of charges

ix.

Invalidation of floating charge

1)

A floating charge is valid under s267 if:

2)

A floating charge is invalid under s267 if:

x.

Retention of Title (ROT) / Romalpa Clauses

1)

Romalpas Case

2)

All monies ROT clauses

3)

Extinguishing title

xi.

Set-off

xii.

Assignments of Choses in Action: Statutory, Legal and Equitable

1)

Equitable assignment

2)

Requirements for a Valid Equitable assignment

3)

Statutory/ legal assignment

xiii.

Assignments- Rules of Priority

xiv.

Negotiable Instruments: Bills of Exchange

1)

What are Bills of Exchange?

2)

Examples of bills of exchange

3)

THE BILLS OF EXCHANGE ORDINANCE

4. PART C: CONSUMER CREDIT AND PROTECTION

A.

Regulatory Framework

i.

Money Lenders Ordinance and Pawnbrokers Ordinance

ii.
Function and Power of Consumer Council, Funds for Litigation and Group Litigation
Consumer Council
1)
B.

Main Duties

Consumer Credit

i.

C.

Law of Guarantees
1)

The legal nature of a guarantee

2)

Guarantee and indemnity distinguished

3)

Types of guarantees

4)

The contract of guarantee

5)

Relations between creditor and surety (guarantor)

6)

Relations between surety and principal debtor - rights against principal debtor

7)

Relations between co-sureties- rights against co-guarantors

8)

Discharge of guarantors liability

Consumer Protection

i.

Unconscionable Contracts Ordinance (UCO)

1)

Matters to be considered by the court in assessing unconscionability

2)

Relief where contract unconscionable

3)

Cases

ii.

Control of Exemption Clauses Ordinance (CECO)

iii.

Supply of Services (Implied Terms) Ordinance (SSO)

iv.

Money Lenders Ordinance (MLO) - Consumer transactions only!

1)

Schedule 1 Part 1 - Exempted Persons

2)

Schedule 1 Part 2 Exempted Loans - company loans excluded!

v.

Protection of vulnerable consumers: Misrepresentation, Undue Influence, Duress

1)

Duress

2)

Undue Influence

3)

Misrepresentation

4)

Remedies

vi.

Doctrine of relation back and fraudulent preference

1)

Bankruptcy Amendment Ordinance (BO) - Personal insolvency

2)

Unfair Preferences