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Module

LAW8165 : Comparative Contract Law

  • Offered for Year: 2021/22
  • Module Leader(s): Dr Ben Farrand
  • Owning School: Newcastle Law School
  • Teaching Location: Newcastle City Campus
Semesters
Semester 2 Credit Value: 10
ECTS Credits: 5.0

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 and
German 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 and
then 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.

Teaching Methods

Teaching Activities
Category Activity Number Length Student Hours Comment
Structured Guided LearningLecture materials12:002:00Introduction to the Module based on the Module Handbook
Scheduled Learning And Teaching ActivitiesLecture101:0010:00Weekly classes covering the syllabus and designed to assist students in consolidating the learning
Structured Guided LearningLecture materials41:004:00Materials introducing and structuring the main topics covered in the module.
Guided Independent StudyDirected research and reading143:0043:00Own reading and study based on Module Handbook, textbooks, lecture materials & recommended reading.
Structured Guided LearningStructured research and reading activities103:0030:00Preparing for the classes
Scheduled Learning And Teaching ActivitiesSmall group teaching91:009:00Weekly classes covering the syllabus and designed to assists students in consolidating learning
Scheduled Learning And Teaching ActivitiesDrop-in/surgery21:002:00To assist students with consolidation of the topics, preparation for the seminars and assessments
Total100:00
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 Methods

The format of resits will be determined by the Board of Examiners

Other Assessment
Description Semester When Set Percentage Comment
Essay2M1002000 word coursework assignment
Formative Assessments
Description Semester When Set Comment
Poster2MN/A
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 law within the commercial environment, whilst also presenting coherent arguments supported by appropriate legal basis and precedent.

The formative poster exercise will enable students to begin planning their coursework essays and develop some
initial ideas.

Reading Lists

Timetable