University of Asia Pacific Department of Law and Human Rights Lesson Plan Course Code & Title: Semester: Teacher: Office/Room: Law 339 : Mercantile Law 3rd Year 1st Semester Mansura Khanam House# 74/B/1 (6th Floor),UAP City Campus Annex Building, Green Road, Dhaka1215. Consultation/Contact Time: Day 1(Sunday) 12.00 P.M to 1.00 P.M. Day 2( Monday) 11 A.M. to 12.50 P.M. Day 3( Tuesday) 11 A.M to 12.50 P.M. Day 4( Wednesday) 3.00 P.M. to 5.00 P.M. Day 5(Thursday) 10.00 A.M. to 11.00 P.M. Email: Mobile: Course Overview: mansura@uap-bd.edu Course Outline: Course objectives: Teaching Method: Prerequisites: Week 1 Class Date 11-10-15 11-10-15 12-10-15 14-10-15 2 18-10-15 18-10-15 19-10-15 01718-919698 Mercantile Law covers a wide range of issues namely Law of Carriage of goods by land, air & sea as well as Laws relating to insurance, negotiable instruments, sale of goods, bankruptcy. Mercantile Law embraces different aspects of Law of Carriage of Goods by land, air, sea, as well as issues focusing on insurance, sale of goods, negotiable instruments and insolvency. Mercantile Law is designed to enable the students to appreciate the basic premises of laws of carriage, laws of insurance, negotiable instruments, sale of goods and bankruptcy. Lectures, assignments, interactive sessions, oral presentation, group work etc. Fulfilment of the criteria determined by the University must be ensured. Course schedule/ Class schedule Topic Reading Work assignment assignment Introduction to Contract of Sale of goods Act characteristics of Contract of sale sale of goods 1930 of goods Essential elements and characteristics of Contract of sale of goods Sale and agreement to sale Sale and agreement to sale(contd.) Condition and warranty , and its distinction Express and implied conditions and warranties Express and implied conditions and Sale of goods Act 1930 1 Distinguish between conditions and warranties. 3 21-10-15 25-10-15 25-10-15 26-10-15 28-10-15 4 1-11-15 1-11-15 2-11-15 4-11-15 5 8-11-15 8-11-15 9-11-15 6 Insurable Interest (Contd.) 15-11-15 Some terms involving insurance Payment of Loss, Double Insurance, Reinsurance, Contribution, Subrogation Payment of Loss, Double Insurance, Reinsurance, Contribution, Subrogation Material Facts Premium Doctrine of Proximate Cause Policy Loss 16-11-15 18-11-15 22-11-15 22-11-15 23-11-15 25-11-15 8 Definitions and fundamental principles of Insurance Contract Meaning, Nature, Classification & Subject matter of Insurance Historical Development of Insurance, Insurable Interst 11-11-15 15-11-15 7 warranties(contd.) Implied warranties Transfer of property or ownership Transfer of property or ownership Significance of determining the precise moment at which property passes Transfer of title by non owner Doctrine of Caveat Emptor Unpaid seller Rights of buyer Tutorial 01 13-12-15 13-12-15 14-12-15 16-12-15 Sale of goods Act 1930 Implied conditions Particular Average Development of Law of Insurance in Bangladesh Cover Note: Its form , contents and effects Premium Mid-term Definition and Background Bankruptcy Actof Bankruptcy Legislation 1997 Objects of Law of Bankruptcy Bankruptcy Proceedings Effects of order of Adjudication 2 Incoterms 2010 Material Facts & Immaterial Facts Forms & Contents of Policy Order of Adjudication 9 20-12-15 20-12-15 21-12-15 23-12-15 10 27-12-15 27-12-15 28-12-15 30-12-15 11 3-1-16 Maturity of NI Carriage of Goods Act 1865 25-1-16 Carriage of goods by Land Definition and characteristics of Common and private carrier Definition and characteristics of Common and private carrier Rights, duties and liabilities of common carrier Carriage of goods by Railways Liabilities of Railway General liability and liabilities for animal. Carriage of goods by Air Contract of Affreightment Definition andclauses of Charter party. Seaworthiness 27-1-16 Deviation 4-1-16 6-1-16 10-1-16 10-1-16 11-1-16 13-1-16 13 17-1-16 17-1-16 18-1-16 14 Definition & Elements of Negotiable Instruments (NI) Features of NI, Differences between different types of NI Cheque Winter Vacation Holder & Holder in Due Course Negotiation Negotiation Negotiation (Contd.) Maturity of NI, Presentment of NI Negotiation (Contd.)Presentment & Payment of NI Dishonour of NI, Discharge of Parties & Instrument Dishonour of NI, Discharge of Parties & Instrument How is the offence NI becomes punishable 3-1-16 12 Periphery of the Negotiable Instruments Act, 1881 Tutorial 02 20-1-16 24-1-16 24-1-16 Dishonour of Cheque Principles of Negotiation Discharge of Parties and NI under the Negotiable Instruments Act, 1881 Carriage of Goods Act 1865 Carriage of Goods by Sea Act Charter-party Final Exam Basic text(s): 1. Ivamy, E.R. Hardy, General Principles of Insurance Law, Butterworths Law, 6th edition, November, 1993 3 2. Singh, Avtar, Law of Carriage: Air, Land and Sea, Eastern Book Company, March 13, 4th edition, 2005 3. DLR on Sale of Goods Act, 1930 4. Kini, M.V. Commentaries on the Negotiable Instruments Act,1881, 2007 5. DLR on the Negotiable Instruments Act, 1881 Course Teacher will refer reference books in the class room. Reference text(s): Additional reading Course Teacher will refer additional reading materials namely case reports, journals, books etc. in the class room. material (s) Quiz Test: Description of components of assessment (Class test, Assessment / Assignment Methods: Marks for assessment will be given by the class participation, midterm, final exams etc) 100% course teacher through class tests, quizzes, assignments, presentation, class Assessment Marks 30 includes: Class test/ Assignment 10+ Class performance, class attendance etc. There attendance 10 + Class performance & Viva voce 10. should be at least (n+1) where ‘n’ is the number of class tests for a course. The Total Marks 100 includes : Assessment 30 + Midterm Examination course teacher must submit a copy of 20+ Final Examination 50 marks of Assessment (mentioning the fractions in class tests, quizzes etc.) of her course to the Head of the respective departments. Each course has a letter grade equivalent to a certain number of grade Grading Systems: points. Letter grades and their corresponding grade points are as follows: Numerical Grade Students’ responsibilities: Letter Grade Grade Point 80% and above A+ 4.00 75% to less than 80% A 3.75 70% to less than 75% A- 3.50 65% to less than 70% B+ 3.25 60% to less than 65% B 3.00 55% to less than 60% B- 2.75 50% to less than 55% C+ 2.50 45% to less than 50% C 2.25 40% to less than 45% D 2.00 Less than 40% F 0.00 Exemption E -- Incomplete I -- Satisfactory S -- Students must have to ensure their required percentage of attendance. Apart from this, effective concentration and participation in the class room as well as efficient fulfillment of their reading and working assignment is highly needed. 4 Mansura Khanam Lecturer Department of Law & Human Rights, University of Asia Pacific 5