Module Catalogue 2024/25

Pre Requisite Comment

N/A

Co Requisite Comment

N/A

Aims

This module examines some of the key features of English, French, Dutch and German contract law and its theoretical doctrines and practical applications, drawing, where relevant, on European instruments. It will draw on other jurisdictions where possible. Particular attention will be paid to pre-contractual relations, the law of mistake, the law of frustration and remedies. The module will identify diverging theoretical and practical approaches and will explore possible explanations for such divergence. The module aims:(a) to give you an understanding of differences and similarities in English, French, Dutch andGerman contract law;(b) to question the theoretical foundations of the key features of each jurisdiction, and;(c) to enable you to identify and evaluate possible solutions to harmonising European contract law.

Outline Of Syllabus

• Introduction to the methodology of the comparative study of law and legal institutions• Differing notions of contractual liability and its differentiation from tort (delict) and restitution andthen a selection from the following topics: Formation, interpretation and unexpressed obligations, incorrect information (e.g. mistake/misrep), problems of unfair terms, impossibility and remedies for non performance.

Intended Knowledge Outcomes

Students will be able to demonstrate knowledge of: - an understanding of the main differences between English, German, French and Dutch contractlaw and be able to describe and discuss converging and diverging underlying philosophies;- differing laws of contract on a comparative basis and produce a significant analysis and synthesisin writing- the provisions of different legal systems from a functional perspective looking beyond differencesin terminology and concepts to concrete outcomes.

Intended Skill Outcomes

Subject specific skills: - Apply legal knowledge to a problem / case study and to discuss it;- Select and explain relevant information from primary and secondary legal sources usingappropriate interpretative techniques;-Draw upon the relevant literature-Develop their knowledge and understanding through critical reading and discussion-Ability to write and speak with care and precision in the analysis and synthesis of the law-Ability to select and structure legal argument and analysis in a coherent wayCognitive Skills Analysis. Identifying and ordering issues by relevance and importance Synthesis of materials from diverse sources Critical judgement. Discernment between the merits or otherwise of particular arguments Evaluation. Making a reasoned choice between competing solutions or arguments

Teaching Rationale And Relationship

The Teaching Methods are based on those that have worked successfully as adapted for delivery post Covid 19 and on the assumption that at least some PIP delivery will be possible, though there is flexibility if that proves not to be the case. The lecture materials will introduce students to the general subject-matter of the module and the specific topics, with guidance on the key concepts and relevant law. The classes will provide an opportunity for deeper study of and reflection on the specific topics and on preparation for the assessment essay. These classes will be supported by self-directed study, guided by the module materials. The combination of these teaching methods has been designed to develop the students’ research, analytical, and critical skills with the aim of stimulating their interest and enthusiasm for the subject, their engagement with it, and helping them to become active, independent, and reflective learners.

Assessment Rationale And Relationship

The assessed coursework will give students the opportunity to develop and demonstrate their research skills, and their ability to demonstrate understanding of the operation of comparative and contract law theory, whilst also presenting coherent arguments supported by appropriate legal basis and precedent. The formative exercise will enable students to begin planning their coursework essay and develop some initial ideas.

General Notes

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