Critically discuss this statement paying particular attention to the advantages and disadvantages of secured and unsecured lending.
Cash flow surfing and covenant-based lending represent a poor alternative to properly utilized secured lending.
- To what extent does, or should, a lender owes a duty of care to borrowers. Critically evaluate what, if any, impact the profile of the borrower plays in that regard.
- “It is not often that one thinks of a part of the commercial laws of a country as being a highly successful and an increasingly imitated export” Friel and Murphy, Uniform Commercial Code Law Journal, Vol 47, No 4 (January 2018) p 461.
Critically evaluate the adoption of Article 9 of the Uniform Commercial Code on Secured Transactions in two other common law jurisdictions.
- In reforming personal insolvency law, many jurisdictions have moved from one extreme to the other and tended to remove the moral hazards from borrowers.
Critically discuss this statement, paying particular attention to the recent development of personal insolvency law in Ireland.
- The emergence of cryptocurrencies such as Bitcoin represents the ultimate evolution of fiat currencies unsupported by real wealth. The effect of this will pose significant dangers to our financial system when used in combination with credit markets.
Critically discuss this statement.
- The protection of the secured creditor to the detriment of the unsecured creditor fails to take into account the injustice which arises where the unsecured creditor is unable or incapable of pricing in the level of risk involved with the credit transaction.
Critically discuss the extent to which the law provides a degree of protection for the unsecured creditor paying particular attention to international developments.
- The role of the lender in the decision to advance credit has for too long been minimize and has ignored both the disparity of available information between the lender and borrower and the expertise of the lender in assessing risk.
Critically evaluate the extent to which statutory provisions or judicial decisions have attempted to redress this situation.
- The ease or difficulty with which a security interest can be created over personal property tends to favor one type of creditor over another. Any attempt to modernize the law on the creation of security interests often conflicts with the interests of existing lenders.
Critically discuss this statement with respect to both the existing difficulties in creating a security interest over personal property and attempts to reform the law internationally.
- Modern laws on insolvency tend to focus on forgiveness and a clean slate for the borrower who is unable to repay debt while trying to prevent abuse by borrowers who won’t repay debts.
Discuss the general approach to insolvency law in two jurisdictions of your choice with reference to the above statement.
- The correct functioning of credit markets requires a legal environment that is supportive of radical innovation in both financial instruments and structures.
Critically discuss this statement in the context of the historical development of money and the emergence of western approaches to credit.
- Sharia law poses significant challenges for traditional financial structures in Islamic financing.
Critically discuss this statement with respect to mechanisms used to provide Sharia-compliant lending.
- The development of money and credit through the fractional reserve banking process has led to an uncontrollable monetary system doomed to implode.
Critically discuss this statement with respect to the current use of credit control and the impact of the financial crisis of 2008.
- Public registration of security interests has proven immensely successful in the protection of creditor interests and has resulted in the general lowering of interest rates in particular with the Cape Town Convention and security interests in aircraft and aircraft engines.
Critically discuss this statement and whether any lessons can be learned for registration of security interests under the Convention.
- Ensuring repayment from debtors is a complex process that fails to adequately distinguish between those who cannot pay and those who will not pay.
Critically discuss this statement with respect to the protections available to debtors from collection techniques used by creditors.