University of Asia Pacific Department of Law and Human Rights Course Code & Title: Semester: Teacher: Office/Room: Consultation/Contact Time: Email: Mobile: Course Overview: Course Outline: Course objectives: Lesson Plan Law 339 : Mercantile Law 3rd Year 5th Semester Azizun Nahar Bikolpo Tower (5th floor), House No. , Road no 5/A, Dhanmondi, Dhaka. Day 1(Sun day) 12.00 A. M to 01.55 P.M., 3.00 P.M. to 4.55 P.M. Day 2( Mon day) A.M. to 12.55 P.M. , 2.00 P.M. to 4.55 P.M. Day 3( Tues day) A.M to 10.55 A.M. , 3.00 P.M. to 4.55 P.M. Day 4( Wednesday) 11.00 A.M. to 11.55 A.M. , 3.00 P.M. to 4.55 P.M. Day 5(Thurs day) 09.00 A.M. to 11.55 A.M. a.moonmoon@yahoo.com 01712-356955 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 Class Date Topic Reading Work assignment assignment 03-11-13 Carriage of Goods by Land and Inland Carriage of Goods Frustration of Waterways by Land Charter Party 05-11-13 Carriage of Goods by Railways Teaching Method: Prerequisites: Week 1 2 3 4 5 06-11-13 07-11-13 10-11-13 12-11-13 13-11-13 14-11-13 17-11-13 19-11-13 20-11-13 21-11-13 24-11-13 26-11-13 27-11-13 28-11-13 1-12-13 3-12-13 4-12-13 Carriage of Goods by Air Carriage of Goods by Sea: Charter Party Bills of Lading Bills of Lading (Contd.) Seaworthiness Holiday (Muharram- Ashura) Seaworthiness (Contd.) Seaworthiness (Contd.) Seaworthiness (Contd.) Deviation Deviation (Contd.) General Average & Particular Average Tutorial 01 Incoterms 2010 Incoterms 2010 Meaning, Nature, Classification & Subject matter of Insurance Historical Development of Insurance, Insurable Interst Functions of Bills of Lading Justifiable Deviation General Average Development of Law of Insurance in Babgladesh Seaworthiness: Whether a condition or warranty Effects of Unjustifiable Deviation Particular Average Incoterms 2010 5-12-13 6 8-12-13 10-12-13 11-12-13 12-12-13 15-12-13 7 17-12-13 18-12-13 19-12-13 8 29-12-13 31-12-13 01-01-14 02-01-14 9 05-01-14 07-01-14 08-01-14 10 11 09-01-14 12-01-14 14-01-14 15-01-14 16-01-14 19-01-14 21-01-14 22-01-14 23-01-14 12 26-01-14 28-01-14 29-01-14 30-01-14 13 02-02-14 04-02-14 05-02-14 14 06-02-14 09-02-14 11-02-14 12-02-14 13-02-14 Basic text(s): Insurable Interest (Contd.) Constitution & Contents of Proposal Cover Note Acceptance Material Facts Premium Cover Note: Its form , contents and effects Premium Material Facts & Immaterial Facts Forms & Contents of Policy Policy Policy Loss MID TERM EXAM Doctrine of Proximate Cause Doctrine of Proximate Cause (Contd.) Claim Payment of Loss, Double Insurance, Reinsurance, Contribution, Subrogation Tutorial 02 Definition & Elements of Negotiable Instruments (NI) Features of NI, Differences between different types of NI Cheque Holder & Holder in Due Course Holiday (Eid-i-Miladunnabi) Negotiation Negotiation (Contd.) Negotiation (Contd.) Maturity of NI, Presentment of NI Presentment & Payment of NI Dishonour of NI, Discharge of Parties & Instruments Tutorial 03 Bankrupt & Bankruptcy Proceeding Plaint Order of Adjudication Exempted Property, Disposal of Estate & Discharge Tutorial 04 Contract of Sale of Goods, Sell & Agreement to Sell, Condition & Warranty(Contd.) Implied Conditions & Warranties Transfer of Property or Ownership Doctrine of Caveat Emptor Rights of Unpaid Seller and Buyer Tutorial 5 Double Insurance and Re Insurance Doctrine of Proximate Cause Periphery of the Negotiable Instruments Act, 1881 Dishonour of Cheque Privileges of Holder in Due Course Principles of Negotiation Maturity of NI Discharge of Parties and NI under the Negotiable Instruments Act, 1881 Acts of Bankruptcy Order of Adjudication under the Bankruptcy Act, 1997 Implied Conditions and Warranties under the Sale of Goods Act, 1930 Doctrine of Caveat Emptor and Consumer Justice Exempted Properties of a Bankrupt Transfer of Ownership FINAL EXAM 1. Ivamy, E.R. Hardy, General Principles of Insurance Law, Butterworths Law, 6th edition, November, 1993 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 Assessment / Assignment Methods: Marks for assessment will be given by the course (Class test, class participation, midterm, final exams etc) teacher through class tests, quizzes, assignments, 100% presentation, class performance, class attendance etc. There should be at least (n+1) where ‘n’ is the number Assessment Marks 30 includes: Class test/ Assignment 10+ of class tests for a course. The course teacher must Class attendance 10 + Class performance & Viva voce 10. submit a copy of marks of Assessment (mentioning the fractions in class tests, quizzes etc.) of his course Total Marks 100 includes : Assessment 30 + Midterm to the Head of the respective departments. Examination 20+ Final Examination 50 Each course has a letter grade equivalent to a certain Grading Systems: number of grade points. Letter grades and their corresponding grade points are as follows: Numerical Grade Letter Grade Grade Point Students’ responsibilities: . Azizun Nahar Lecturer Department of Law & Human Rights, UAP 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.