Comparative Contract Law

Module title	Comparative Contract Law
Module code	LAW2139
Academic year	2020/1
Credits	15
Module staff	(Convenor)

Duration: Term	1	2	3
Duration: Weeks		11

Module description

In this module you will examine contract law concepts from other European jurisdictions and compare these to their English counterparts. This will provide the basis for evaluating proposed European instruments such as the Common European Sales Law. The course will contextualise the law in relevant legal practice, social, economic, political, historical, philosophical, ethical and cultural settings.

Module aims - intentions of the module

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. 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;

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

1. Demonstrate an understanding of the main differences between English, German, French and Dutch contract law and be able to describe and discuss converging and diverging underlying philosophies;
2. Carry out research into differing laws of contract on a comparative basis and produce a significant analysis and synthesis in writing; and
3. Compare the provisions of different legal systems using the functional approach of looking beyond differences in terminology and concepts to concrete outcomes.

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

4. Apply legal knowledge to a problem / case study and to discuss it;
5. Select and explain relevant information from primary and secondary legal sources using appropriate interpretative techniques;
6. Analyse and apply legal data to specific facts and deduce likely outcomes where law is indeterminate.
7. Select and present, in a coherent way, relevant law and legal / theoretical arguments.

ILO: Personal and key skills

On successfully completing the module you will be able to...

8. Demonstrate effective and accurate communication skills in a manner appropriate to the discipline / different contexts;
9. Identify, retrieve and use efficiently a range of resources with some guidance.

Syllabus plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:

The extent to which we have a "European" contract law
Introduction to 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 of contract and pre-contractual liability
Interpretation and unexpressed obligations
Incorrect information and its effect on the contract (mistake,
misrepresentation, warranty of quality)
Impropriety in the contracting process (fraud, duress,
advantage-taking)
Problems of unfair terms, especially in consumer contracts
Impossibility and change of circumstances
Remedies for non-performance
Third party beneficiaries
Illegal contracts and contracts contrary to public policy

Learning activities and teaching methods (given in hours of study time)

Scheduled Learning and Teaching Activities	Guided independent study	Placement / study abroad
31	119	0

Details of learning activities and teaching methods

Category	Hours of study time	Description
Scheduled Learning and Teaching Activities	11	11 x 1 hour Lectures
Scheduled Learning and Teaching Activities	20	10 x 2 hour seminars
Guided Independent Study	25	Individual reading and lecture preparation
Guided independent study	45	Seminar Preparation
Guided independent study	9	Formative Assessment preparation
Guided Independent Study	40	Summative assessment preparation

Formative assessment

Form of assessment	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Essay	1,000 words	1-9	Written and oral feedback

Summative assessment (% of credit)

Coursework	Written exams	Practical exams
100	0	0

Details of summative assessment

Form of assessment	% of credit	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Essay	100	4,000 words	1-9	Written and oral feedback

Details of re-assessment (where required by referral or deferral)

Original form of assessment	Form of re-assessment	ILOs re-assessed	Timescale for re-assessment
Essay	Essay (4,000 words)	1-9	August/September reassessment period

Indicative learning resources - Basic reading

1. CARTWRIGHT, J and HESSELINK, M. Pre-Contractual Liability in European Private Law (2008)

2. GORDLEY, J (ed), The Enforceability of Promises in European Contract Law (2001)

3. HARTKAMP, A et als., Towards a European Civil Code (4^th ed., 2011)

4. International Encyclopaedia of Comparative Law (ed. U.Drobnig) (Vols. VII and VIII, passim)

5. KÖTZ, H and FLESSNER, A, European Contract Law (Vol. I, 1997)

6. MARKESINIS, B, UNBERATH, H and JOHNSTON, A, German Law of Contract (2nd ed, 2006)

7. NEBBIA, P. Unfair terms in European Contract Law (2007)

8. NICHOLAS, B. French Law of Contract (2nd ed., 1992)

9. Principles of European Contract Law Parts I and II (ed. O.Lando and H.Beale, 2000)

10. RADLEY-GARDNER and others (eds), Fundamental Texts on European Private Law (2003)

11. SEFTON-GREEN, R. (ed), Mistake, Fraud and Duties to inform in European Contract Law (2005)

12. TREITEL, G. Remedies for Breach of Contract (1988)

13. ZIMMERMANN, R The new German law of obligations : historical and comparative perspectives (2005)

14. ZIMMERMANN, R. and WHITTAKER, S (eds), Good Faith in European Contract Law (2000)

15. ZWEIGERT, K AND KÖTZ, H. Introduction to Comparative Law (3rd ed., 1998)

Key words search

Comparative Contract Law, Harmonisation, European Contract Law

Credit value	15
Module ECTS	7.5
Module pre-requisites	None
Module co-requisites	None
NQF level (module)	5
Available as distance learning?	No
Origin date	13/12/2017
Last revision date	12/08/2020