Postgraduate Course: Contract Law in Europe (LAWS11268)
Course Outline
| School | School of Law |
College | College of Humanities and Social Science |
| Course type | Standard |
Availability | Available to all students |
| Credit level (Normal year taken) | SCQF Level 11 (Postgraduate) |
Credits | 20 |
| Home subject area | Law |
Other subject area | None |
| Course website |
None |
Taught in Gaelic? | No |
| Course description | This module is a comparative contract law course. The main focus of the course is fundamental concepts of the law of contract. The course compares certain national systems of contract law, namely Scots, English, and German law. The course also considers many of the influential harmonisation initiatives taking place in Europe at the moment, principally the Draft Common Frame of Reference (Principles, Definitions and Model Rules of European Private Law) and also the UNIDROIT Principles of International Commercial Contracts 2010. Where relevant the course will consider European Directives (although the course does not have a specific focus on consumer law.)
One of the themes of the course is whether there is, indeed, a split between the common law and the civil law tradition in the field of contract law in Europe. Clearly initiatives have sought to produce a model contract law which could be used within the European Member States. The European Commission has recently announced a proposal for a regulation establishing an optional instrument in European Sales Law, see http://ec.europa.eu/justice/contract/files/common_sales_law/regulation_sales_law_en.pdf. Is there, in fact, a &«gulf&ª between the two traditions? Are harmonising initiatives likely to succeed? Is the goal of harmonisation either achievable or desirable? The debate on these issues will be informed by the analysis of the national legal systems which form the focus of this course.
Aims & objectives:-
The aims of this module are:
&· To understand the defining characteristics of certain national systems of contract law;
&· To engage in debate about harmonisation of contract law, and differences of legal culture
&· To identify the obstacles to harmonisation of contract law within Europe, and assess whether those obstacles could be overcome.
List of sessions:-
1. Introduction $ú what is a contract?
2. The European Landscape: the DCFR
3. Pre-contractual liability
4. Formation
5. Third party rights
6. Error/Mistake
7. Interpretation
8. Breach and Termination
9. Specific performance
10.Damages
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Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
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Co-requisites | |
| Prohibited Combinations | |
Other requirements | None |
| Additional Costs | Students should have regular and reliable access to the Internet. Print consumables are recommended to provide hard copy of some on materials. |
Information for Visiting Students
| Pre-requisites | None |
| Displayed in Visiting Students Prospectus? | No |
Course Delivery Information
| Not being delivered |
Summary of Intended Learning Outcomes
By the end of the module the student should be able to:
&· Demonstrate an understanding of the defining characteristics of contract law in particular national legal systems
&· Engage in informed discussion about the advantages and disadvantages of harmonisation of contract law within Europe
&· Understand their own systems of contract law through discussion and comparison with students from other legal systems.
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Assessment Information
| One essay of up to 5,000 words (60%); one piece of assessed work (20%); contribution to online discussions (20%). |
Special Arrangements
| None |
Additional Information
| Academic description |
Not entered |
| Syllabus |
Not entered |
| Transferable skills |
Not entered |
| Reading list |
Not entered |
| Study Abroad |
Not entered |
| Study Pattern |
Not entered |
| Keywords | Not entered |
Contacts
| Course organiser | Ms Laura Macgregor
Tel: (0131 6)50 2034
Email: L.Macgregor@ed.ac.uk |
Course secretary | Ms Clare Neilson
Tel:
Email: clare.neilson@ed.ac.uk |
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