Module Details

Module Code: LAWS C4315
Module Title: Consumer Protection Law 2
Title: Consumer Protection Law 2
Module Level:: 8
Credits:: 10
Module Coordinator: Eileen Doyle
Module Author:: Pauline McHugh
Domains:  
Module Description: 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 will be able to:
# Learning Outcome Description
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
Dependencies
Module Recommendations

This is prior learning (or a practical skill) that is recommended before enrolment in this module.
No recommendations listed
Co-requisite Modules
No Co-requisite modules listed
Additional Requisite Information
No Co Requisites listed
 
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
Module Content & Assessment
Assessment Breakdown%
End of Module Formal Examination100.00%

Assessments

Full Time

No Continuous Assessment
No Project
No Practical
End of Module Formal Examination
Assessment Type Formal Exam % of Total Mark 100
Timing End-of-Semester Learning Outcomes 1,2,3,4
Non-marked No
Assessment Description
n/a
Reassessment Requirement
Exam Board
It is at the discretion of the Examination Board as to what the qualifying criteria are.

SETU Carlow Campus reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Workload Category Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact No Description 12 Weeks per Stage 3.00 36
Independent Learning Non Contact No Description 12 Weeks per Stage 17.83 214
Total Weekly Contact Hours 3.00
Workload: Part Time
Workload Type Workload Category Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact No Description Every Week 1.50 1.5
Total Weekly Contact Hours 1.50
 
Module Resources
Recommended Book Resources
  • Mary Donnelly (Law teacher),Fidelma White. (2014), Consumer Law, Round Hall, [ISBN: 9780414035256].
  • Fidelma White. Commercial Law, 2nd Ed.. Round Hall, [ISBN: 9781858006321].
  • Neil Maddox. (2017), Mortgages: Law and practice, 2nd Ed.. Round Hall, [ISBN: 9780414061736].
  • Padraic Kenna. Housing Law, Rights and Policy, Clarus Press, [ISBN: 9781905536375].
  • J.C.W. Wylie. (2020), Irish Land Law, Bloomsbury Professional, p.1664, [ISBN: 9781526513472].
  • William Johnston,Nora Beausang. (2020), Banking and Security Law in Ireland, Bloomsbury Professional, p.3008, [ISBN: 9781847666680].
Recommended Article/Paper Resources
  • Westlaw.ie; Journal : Commercial Law Practitioner.
  • LexisNexis LNB Legal database.
  • JustisOne.
Other Resources
Discussion Note: