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Overview

A study of the law and practice relating to banking and the financing of business transactions.

This paper examines the law and practice of banking. Topics include the bank-customer relationship, guarantees, payment systems, banking services, lender liability, and the recovery of mistaken payments. Statutory regulators of banking business are also examined along with the Code of Banking Practice and the Office of the Banking Ombudsman.

About this paper

Paper title Banking Law
Subject Law
EFTS 0.1
Points 15 points
Teaching period Not offered in 2026 (On campus)
Domestic Tuition Fees ( NZD ) $820.40
International Tuition Fees Tuition Fees for international students are elsewhere on this website.
Prerequisite
LAWS 202 and 66 further LAWS points
Pre or Corequisite
LAWS 301 and any 200-level LAWS paper not already passed
Limited to
LLB, LLB(Hons)
Notes
Not all optional papers will be available in any given year.
Contact
law@otago.ac.nz
Teaching staff
Professor Struan Scott
Paper Structure
The method of instruction is a combination of lectures and small group student-led seminars. To accommodate the seminars, scheduled classes may be replaced with others to be held at another time. This will be done with the agreement of members of the class.
Textbooks
Course materials are provided by the Faculty.
Graduate Attributes Emphasised
Global perspective, Interdisciplinary perspective, Lifelong learning, Scholarship, Communication, Critical thinking, Cultural understanding, Ethics, Environmental literacy, Information literacy, Research, Self-motivation, Teamwork.
View more information about Otago's graduate attributes.
Learning Outcomes
This paper has two goals. First, students will acquire an in-depth understanding of the legal issues encountered with key payment mechanisms and the bank-customer relationship.

Second, students will develop the confidence and skills to critically analyse legal issues that they will encounter in banking transactions.

Overview

A study of the law and practice relating to banking and the financing of business transactions.

This paper examines the law and practice of banking. Topics include the bank-customer relationship, guarantees, payment systems, banking services, lender liability and the recovery of mistaken payments. Statutory regulators of banking business are also examined along with the Code of Banking Practice and the Office of the Banking Ombudsman.

About this paper

Paper title Banking Law
Subject Law
EFTS 0.1125
Points 15 points
Teaching period Semester 1 (On campus)
Domestic Tuition Fees Tuition Fees for 2027 have not yet been set
International Tuition Fees Tuition Fees for international students are elsewhere on this website.
Prerequisite
LAWS 202 and 66 further LAWS points
Pre or Corequisite
LAWS 301 and any 200-level LAWS paper not already passed
Limited to
LLB, LLB(Hons)
Notes
Not all optional papers will be available in any given year.
Contact
law@otago.ac.nz
Teaching staff
Professor Struan Scott
Paper Structure

The method of instruction is a combination of lectures and small group student-led seminars. To accommodate the seminars, scheduled classes may be replaced with others to be held at another time. This will be done with the agreement of members of the class.

Textbooks

All course readings for this paper are provided by the Faculty on Aoroa.

Graduate Attributes Emphasised
Global perspective, Interdisciplinary perspective, Lifelong learning, Scholarship, Communication, Critical thinking, Cultural understanding, Ethics, Environmental literacy, Information literacy, Research, Self-motivation, Teamwork.
View more information about Otago's graduate attributes.
Learning Outcomes

This paper has two goals. First, students will acquire an in-depth understanding of the legal issues encountered with key payment mechanisms and the bank-customer relationship. Second, students will develop the confidence and skills to critically analyse legal issues that they will encounter in banking transactions. Students who successfully complete the paper will be able to:

  • Identify, analyse and give advice on selected banking law material.
  • Explain the material covered in the paper as it pertains to a particular topic, identifying where appropriate outstanding issues.
  • Subject that material to critical analysis.
  • Use the supplied material as a foundation to: 
    • a) Conduct personal research on the topic to identify additional relevant material (both judicial reasoning and academic comment), and;
    • b) Subject that new material to critical analysis and be able to reveal how that new material explains, interprets, develops or otherwise effects the original material.
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