Lectures - communication of knowledge and ideas from the lecturer to the student. Problem Solving
Exercises - student will work as part of a team and will work together to resolve various legal scenarios.
Class Discussion/Debate - Students will be encouraged to actively participate in the class sessions which
will develop their analytical and communication skills. E-Learning - It is envisaged that the module will be
supported with on-line learning materials. Self-Direct Independent Learning - the emphasis on independent
learning will develop a strong and autonomous work and learning practices.
Module Aim:
The aim of this module is to give students a thorough understanding of Irish Consumer Protection Law as it relates to financial products and the law relating to personal debt resolution and
to assist the student to develop the analytical skills required to apply their legal knowledge to various
scenarios
Learning Outcomes
On successful completion of this module the learner should be able to:
LO1
Critically evaluate the regulation of home mortgages in Ireland and the effectiveness of the Consumer Protection Code 2012 in protecting consumers of financial products
LO2
Demonstrate an in-depth comprehension of the laws dealing with personal security in the form of guarantees and indemnities in this jurisdiction
LO3
Comprehend , evaluate and and apply the personal insolvency options available in this Jurisdiction
LO4
Distinguish between and explain Hire Purchase and Personal Contract plans and be able to critique the regulation of same
Pre-requisite learning
Module Recommendations
This is prior learning (or a practical skill) that is recommended before enrolment in this module.
No recommendations listed
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module.
No incompatible modules listed
Co-requisite Modules
No Co-requisite modules listed
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed.
No requirements listed
Module Content & Assessment
Indicative Content
Hire Purchase and Personal Contract Plans
Distinguishing between traditional HP, PCP, and credit sale• Consumer Credit Act 1995• formalities• rights and obligations of consumer, rights and obligations of owner
Mortgages
Nature of real security: Exploration of the historical and modern day landscape within which mortgages operate, in particular home mortgages • Human rights and home mortgages• EC (Unfair Terms in Consumer
Contracts) Regulations 1995
and home mortgages• •Distinguishing between, freehold leasehold and equitable interests.• Historical distinction between, The Land registry and the Registry of deeds systems, The Land and Conveyancing Law Reform Act 2009•creation of mortgages • equitable right of redemption • rights and duties of mortgagor and mortgagee• repossession and sale• Code of Conduct on Mortgage Arrears• Regulation of vulture funds
Consumer Protection Code 2012
Rationale for code • justicability or otherwise of the protections contained in the code• analysis of the code chapters• application of the code to consumers of financial products• code enforcement• Role and functions of the Financial Services and Pensions Ombudsman• Enforcement role of Central Bank.
Guarantees and Indemnities
Nature of personal security • Distinguishing between Guarantees and Indemnities • Formalities • Enforcement • Defences • Undue influence
Personal Insolvency
Personal Insolvency Act 2012-2015, Debt Relief Notices, Debt Settlement arrangements, Personal Insolvency arrangements, Bankruptcy• qualifying requirements, qualifying debts, duration, disqualifying factors • impact on ability to get credit, factors affecting retention of family home• reasonable living expenses• developments regarding exercise of veto by creditors• reform
Assessment Breakdown
%
End of Module Formal Examination
100.00%
No Continuous Assessment
No Project
No Practical
End of Module Formal Examination
Assessment Type
Assessment Description
Outcome addressed
% of total
Assessment Date
Formal Exam
n/a
1,2,3,4
100.00
End-of-Semester
SETU Carlow Campus reserves the right to alter the nature and timings of assessment