Syllabus for Commercial Law - Part A: Sale and Acquisition of Goods
1. Transfer of Title
- The rule nemo dat quod non habet and its exceptions
- Legal and Equitable Interest
2. Sale of Goods
- Duties of Sellers and Buyers
- Express and Implied Terms
- Passing of Property
- Remedies
3. Non-sale Acquisitions: nemo dat and Gifts
- Applicable nemo dat exceptions
- Gifts - Conditional Gifts - Gifts of Future Property
Syllabus for Commercial Law - Part B: Personal Property
1. Personal Property and Interests in Personal Property
- Types of Personal Property - Chose in Possession - Chose in Action
- Ownership (especially mere equities) - Possession (finders’ possessory interests) - Bailment;
- Legal and Equitable Assignment
2. Credit and Security
- Types of Security:
- o o Pledges - Liens - Mortgages of personal property/movables (tangibles and intangibles) - Bills of Sale
- o o Fixed and Floating Charges (creation, perfection and enforcement and invalidation in a winding-up)
- Retention of Title (Romalpa) Clauses
- Set-off
- Assignments of Choses in Action: Statutory, Legal and Equitable Assignments
- Rules of Priority
- Banking and Customer Relationship
- Negotiable Instruments: Bills of Exchange
Syllabus for Commercial Law - Part C: Consumer Credit and Protection
- Function and Power of Consumer Council, Funds for Litigation and Group Litigation
- Misrepresentation, Undue Influence, Duress and Unconscionability
- Control of Exemption Clauses
- Contracts for Services with particular reference to Supply of Services (Implied Terms) Ordinance
- Money Lenders
- Pawnbrokers
- Law of Guarantees and Powers and Responsibilities of Personal Guarantor
- Doctrine of relation back and unfair preference in bankruptcy
Note: The syllabus for this subject is based on the PECA website, which is the official website of the PCLL Conversion Examination Board. The syllabus may be subject to change or revision by the Board at any time. Please refer to the PECA website for the latest and accurate information on the exam syllabus.