The taught modules offered on the LLM programme vary from year to year. Please check the full list of taught modules list for details of modules running in specific academic years. We make every effort to ensure that every module will be offered, but modules are subject to change and cancellation. You are therefore advised to check this site regularly for further updates throughout the year preceding entry to the LLM programme.
|COMPARATIVE CONTRACT LAW (LAWSG072)
Credit value: 30 credits (12 ECTS)
|Module Convenor: Dr Florian Wagner-von Papp
||Other Teachers: N/A
This module provides an introduction to the methodology of comparative law and compares the contract law of common law and civil law jurisdictions. A particular emphasis will be on English, U.S. American and German contract law, but reference will be made to other legal systems.
Additionally, the module will deal with the issue of harmonisation in the area of European Contract Law (in particular the Draft Common Frame of Reference and the Proposal for a Regulation on a Common European Sales Law) and International Sales Law (in particular the Convention on Contracts for the International Sale of Goods, CISG).
Substantive issues covered in the module include contract formation, contract construction, vitiating factors, third-party beneficiaries, performance, non-performance/breach, and remedies. When looking at these substantive issues, we will employ comparative methodology. This means that we:
- first define the real-life problem to which we seek a solution;
- discuss how English, US and German law (and, later, harmonising instruments) deal with this problem (‘country reports’);
- identify the similarities and differences between the approaches of these jurisdictions;
- search for institutional or historic reasons for these similarities or differences; and
- discuss the advantages and disadvantages of the various solutions from a policy perspective.
- Introduction to Comparative Law: Overview, Objectives and the Basic Methodology
- Common Law: Introduction to English and US Contract Law
- Civil Law: Introduction to German Contract Law
- Formation of Contracts I: Offer
- Formation II: Acceptance and Agreement Issues
- Formation III: Consideration and Form (and other functional equivalents)
- Formation IV: Consideration and Estoppel: England, the U.S. and Australia – Three Countries Divided by a Common Law?
- Good Faith and Precontractual Liability
- Formalities and Substance
- Revision Term I: Comparative Contract Law Exams
- Contract Construction and Rectification
- Unilateral Mistakes and Induced Mistakes
- Breach and Excused Non-Performance (Impossibility/Impracticability/Common Mistake/Frustration)
- Remedies I: Specific Performance, Damages and Efficient Breach
- Remedies II: Measuring Damages
- Rights of Third Parties – Privity
- Basics of Private International Law & the sphere of application of the CISG
- Contract Law in the CISG / Revision I
- European Contract Law I
- European Contract Law II / Revision II
Background Reading (optional):
• Zweigert & Kötz, An Introduction to Comparative Law (OUP 1998), ch. 1, 2, 3 & 5
• E. Allan Farnsworth ‘Comparative Contract Law’, in: Mathias Reimann & Reinhard Zimmermann, The Oxford Handbook of Comparative Law (OUP 2006) pp. 899-935
Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment in September.
|Delivery and enrolment
|Lectures/Seminars: 20 x 2-hour seminars
|Previous module enrolments: Medium – 16-50 students
|Who may enrol: LLM students
|Barred module combinations: None
|Core Module for LLM specialism: Comparative Law, International Commercial Law
|Final Assessment: 3-hour unseen written examination
|Practice Assessment: Two practice problem questions (one per teaching term)
This page was last updated on
10 July, 2014