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DEGREE REGULATIONS & PROGRAMMES OF STUDY 2016/2017

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DRPS : Course Catalogue : School of Law : Law

Postgraduate Course: Contract Law in Europe (LAWS11268)

Course Outline
SchoolSchool of Law CollegeCollege of Humanities and Social Science
Credit level (Normal year taken)SCQF Level 11 (Postgraduate)
Course typeOnline Distance Learning AvailabilityNot available to visiting students
SCQF Credits20 ECTS Credits10
SummaryThis 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, French 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). 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 considered a model contract law which could be used within the European Member States such as 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 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.

Course description Session 1: Introduction: what is a contract?
Session 2: The European Landscape: the DCFR
Session 3: Pre-contractual liability
Session 4: Good faith
Session 5: Formation
Session 6: Third Party Rights
Session 7: Interpretation
Session 8: Breach and Termination
Session 9: Specific performance
Session 10: Damages
Entry Requirements (not applicable to Visiting Students)
Pre-requisites Co-requisites
Prohibited Combinations Other requirements Please contact the distance learning team at escript.support@ed.ac.uk
Additional Costs Students should have regular and reliable access to the Internet.
Course Delivery Information
Academic year 2016/17, Not available to visiting students (SS1) Quota:  None
Course Start Semester 1
Timetable Timetable
Learning and Teaching activities (Further Info) Total Hours: 200 ( Seminar/Tutorial Hours 40, Programme Level Learning and Teaching Hours 4, Directed Learning and Independent Learning Hours 156 )
Assessment (Further Info) Written Exam 0 %, Coursework 100 %, Practical Exam 0 %
Additional Information (Assessment) One essay of up to 4,000 words (60%); one individual assignment (20%); contribution to weekly online discussions throughout the semester (20%).

Requirements for all module assessments will be outlined to students within the individual modules at the start of each semester.
Feedback Students can expect to receive timely feedback on their assessments.
No Exam Information
Learning Outcomes
On completion of this course, the student will be able to:
  1. demonstrate an understanding of the defining characteristics of contract law in particular national legal systems;
  2. engage in informed discussion about the advantages and disadvantages of harmonisation of contract law within Europe;
  3. understand their own systems of contract law through discussion and comparison with students from other legal systems.
Reading List
The set book for this module is H. Beale, B. Fauvarque-Cosson, J. Rutgers, D. Tallon, S. Vogenauer, Cases, Materials and Text on Contract Law (2nd edn, 2010).

A list of key module readings will be available in advance of the module. Detailed reading lists are then available each week.
Additional Information
Course URL http://edin.ac/1Mt9mPD
Graduate Attributes and Skills Students will develop their skills and abilities in:

1. Research and enquiry, through e.g. selecting and deploying appropriate research techniques;
2. Personal and intellectual autonomy, e.g. developing the ability to independently assess the relevance and importance of primary and secondary sources;
3. Communication, e.g. skills in summarising and communicating information and ideas effectively in written form;
4. Personal effectiveness, e.g. working constructively as a member of an online community;
5. Students will also develop their technical/practical skills, throughout the module, e.g. in articulating, evidencing and sustaining a line of argument, and engaging in a convincing critique of another's arguments.
Special Arrangements This course is taught by distance learning.
Additional Class Delivery Information This course is taught by distance learning.
KeywordsContract Law,Comparative Law,European Private Law,Commercial Law,European Comparative Law
Contacts
Course organiserMiss Lorna Richardson
Tel: (0131 6)51 5563
Email: Lorna.Richardson@ed.ac.uk
Course secretaryMs Clare Polson
Tel: (0131 6)51 4411
Email: Clare.Polson@ed.ac.uk
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