Law-339, Mercantile Law

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University of Asia Pacific
Department of Law and Human Rights
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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.
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