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DRPS : Course Catalogue : School of Law : Law

Postgraduate Course: Contract Law in Europe (LAWS11462)

Course Outline
SchoolSchool of Law CollegeCollege of Arts, Humanities and Social Sciences
Credit level (Normal year taken)SCQF Level 11 (Postgraduate) AvailabilityNot available to visiting students
SCQF Credits20 ECTS Credits10
SummaryThis course is a comparative contract law course. Its main focus is fundamental concepts of the law of contract, which arise in all systems. The course compares national systems of contract law, principally Scots (a mixed legal system), English (a common law system), French and German law (both civil law systems). The course also takes account of harmonisation initiatives that have taken place in Europe, principally the Draft Common Frame of Reference (Principles, Definitions and Model Rules of European Private Law).
Course description Provisional Seminar Outline:
Week 1: Introduction
Week 2: Good faith
Week 3: Pre-contractual liability
Week 4: Formation
Week 5: Interpretation
Week 6: Third Party Rights
Week 7: Breach and Termination
Week 8: Withholding performance
Week 9: Enforcing performance
Week 10: Damages
Entry Requirements (not applicable to Visiting Students)
Pre-requisites Co-requisites
Prohibited Combinations Other requirements None
Course Delivery Information
Academic year 2023/24, Not available to visiting students (SS1) Quota:  25
Course Start Semester 1
Timetable Timetable
Learning and Teaching activities (Further Info) Total Hours: 200 ( Seminar/Tutorial Hours 20, Programme Level Learning and Teaching Hours 4, Directed Learning and Independent Learning Hours 176 )
Assessment (Further Info) Written Exam 0 %, Coursework 100 %, Practical Exam 0 %
Additional Information (Assessment) Formative Assessment:
(* Component marks to do not contribute to student's overall course mark/grade. The aim of formative assessments is to monitor student learning).

Students are split into groups at the beginning of the course. Each week the class will be asked to provide a solution to a problem question, with each group looking at a different jurisdiction. Students are providing with feedback on their answers each week.

Summative Assessment:
(* Component marks contribute to student's overall course mark/grade. The aim of summative assessments is to assess student learning).

1) 4000 Word Essay (100%). The essay is a problem question. Student are advised in week 5 of the semester the general areas of contract law that the essay problems will cover and the jurisdictions in terms of which an answer is required. Each question must be answered by reference to 2 jurisdictions. The details of the problem question are released towards the end of the semester, with the students having to submit an answer within a relatively short period of time (around 5-7 days).
Feedback Feedback on the formative assessments may be provided in various formats, but will generally be by way of oral feedback in class.

Feedback on formative work will be provided in time to be of use in subsequent assessments within the course.

Feedback on the summative assessment will be provided in written form via Learn, the University of Edinburgh's Virtual Learning Environment (VLE).
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;
  4. Identify relevant areas of law and apply legal rules to problem-based questions.
Reading List
Please contact Course Organiser for further information on an indicate bibliography.
Additional Information
Graduate Attributes and Skills Critical and reflective thinking - Students will engage with different sources, jurisdictions and perspectives to understand how different legal systems respond to contract law issues. This comparative work will also allow students to reflect critically on how their jurisdiction deals with matters and whether the legal rules and principles with which they are familiar are based on a solid doctrinally foundation.
Outlook and engagement - This course introduces students to new jurisdictions and fosters an understanding of the different ways different legal systems and cultures deal with the same / similar issues in the law of contract. The need, desirability and likelihood of harmonisation of contract law rules and principles are critically considered.
Research and enquiry - Students will be able to conduct independent research in comparative contract law through the study of key primary and secondary sources and critically evaluating these sources.
Problem Solving ¿ Students will engage in problem questions / case studies each week and in the summative assessment for the course.
KeywordsLaw,LLM,Commercial Law,Contract Law,Europe,Level 11,Postgraduate
Course organiserMiss Lorna Richardson
Tel: (0131 6)51 5563
Course secretaryMiss Bethan Walters
Tel: (0131 6)50 2386
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