Last modified: 23 Jul 2024 11:08
This course is aimed to help commercial lawyers working in transnational settings to understand how different legal traditions offer different viewpoints on key contractual challenges that emerge in all commercial contracts: how agreements are formed, interpreted and enforced; what remedies are available to aggrieved parties; under what circumstances can parties avoid liability. Thus, national contract laws will be seen as variations on a theme. The course will cover the main rules and doctrines of a range of legal systems, as well as transnational contract law mechanisms
| Study Type | Postgraduate | Level | 5 |
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| Term | Second Term | Credit Points | 30 credits (15 ECTS credits) |
| Campus | Aberdeen | Sustained Study | No |
| Co-ordinators |
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Comparative Contract Law is a course designed for students to enable them to successfully draft and negotiate contracts in a transboundary setting. We cover multiple legal regimes from both the common law and civil law traditions, as well as transnational contract law instruments including the Principles of European Contract Law and the United Nations Convention on Contracts for the International Sale of Goods. By contrasting and comparing how similar problems are resolved through different concepts and doctrinal techniques, we will analyse whether these lead to similar outcomes. At the end of the course, students will be able to understand many of the discrepancies and similarities between legal systems, thus honing a fundamental skill for an international commercial lawyer.
The six seminars of the course covers six key doctrinal areas: (1) formation, (2) interpretation, (3) judicial control of contracts, (4) liability for performance and (5) the consequences of breach. We will also discuss (6) party autonomy, i.e. the ways and limits of parties choosing the law applicable to their contract.
Information on contact teaching time is available from the course guide.
| Assessment Type | Summative | Weighting | 40 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback |
Feedback to be provided on submitted efforts, both at midterm and at final exam. |
Word Count | 2500 | |
| Knowledge Level | Thinking Skill | Outcome |
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| Assessment Type | Summative | Weighting | 60 | |
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| Assessment Weeks | Feedback Weeks | |||
| Feedback | Word Count | 3000 | ||
| Knowledge Level | Thinking Skill | Outcome |
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There are no assessments for this course.
| Assessment Type | Summative | Weighting | 100 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback | ||||
| Knowledge Level | Thinking Skill | Outcome |
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| Knowledge Level | Thinking Skill | Outcome |
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| Factual | Remember | ILO’s for this course are available in the course guide. |
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