030388 KU Comperative Contract Law (2013S)
Continuous assessment of course work
Labels
Instructors: Dr. Konrad Osajda, LL.M., LL.M. (osajda@wpia.uw.edu.pl),
Mag. Barbara Lyszczarz (barbara.lyszczarz@univie.ac.at)Continuous assessment of course work
Mag. Barbara Lyszczarz (barbara.lyszczarz@univie.ac.at)Continuous assessment of course work
Registration/Deregistration
Note: The time of your registration within the registration period has no effect on the allocation of places (no first come, first served).
- Registration is open from Mo 18.02.2013 00:01 to Mo 25.02.2013 23:59
- Deregistration possible until Mo 25.02.2013 23:59
Details
max. 25 participants
Language: English
Lecturers
Classes (iCal) - next class is marked with N
- Monday 03.06. 09:00 - 12:00 Seminarraum SEM41 Schottenbastei 10-16, Juridicum, 4.OG
- Tuesday 04.06. 09:00 - 12:00 Seminarraum SEM44 Schottenbastei 10-16, Juridicum 4.OG
- Thursday 06.06. 09:00 - 12:00 Seminarraum SEM41 Schottenbastei 10-16, Juridicum, 4.OG
- Friday 07.06. 09:00 - 12:00 Seminarraum SEM44 Schottenbastei 10-16, Juridicum 4.OG
Information
Aims, contents and method of the course
Scope of the CourseThe course focuses on analyzing key concepts in contract law from the comparative perspective of the French, German and English laws, as well as from the perspective of the European Private Law (sets of unified rules on contract law or drafts thereof). At the beginning of each class the students will be introduced to definitions and concepts to be considered in depth during the class. This will be followed by presentation of relevant national and European rules in order to allow for comparison of how different legal systems deal with the same issues. Against this background, the final part of each class will be devoted to discussing comparative advantageousness and effectiveness of the solutions analyzed. Participants are expected to contribute to the discussions.Overview of course topics and schedule1. Introduction to Comparative Contract Law: Terminology & Contract Law Theory (June 3th)2. Formation of Contract in Comparative Perspective (June 3th/ June 4th)3. Validity of Contract in Comparative Perspective (Defect of Consent, Illegality, Immorality of Contract) (June 4th)4. Content of Contract and Its Construction (Interpretation, Implied terms) (June 6th)5. Remedies for Breach of Contract (June 7th)Preparation requiredStudents will be expected to read excerpts from the following chapters of the Casebook by Beale, Hugh et al., Contract Law, 2nd ed., (Oxford, Portland, Oregon: Hart Publishing, 2010)http://www.hartpub.co.uk/books/details.asp?isbn=97818411360421. Introduction to Comparative Contract Law: Terminology & Contract Law Theory (June 3th) – Chapters 2 and 52. Formation of Contract in Comparative Perspective (June 3th/ June 4th) – Chapters 6 and 83. Validity of Contract in Comparative Perspective (Defect of Consent, Illegality, Immorality of Contract) (June 4th) – Chapters 10 and 124. Content of Contract and Its Construction (Interpretation) (June 6th) – Chapters 13 and 145. Remedies for Breach of Contract (June 7th) – Chapters 18, 20 and 21Further information on readings and materials (specification of excerpts to be read; availability of the textbook in the University Library or otherwise) will be posted in due course.
Assessment and permitted materials
EvaluationAssessment will be on the basis of an essay (70%) and performance in the class (30%).The essay must be on relevant topic of each student‘s choice, subject to approval by the course instructors. As an alternative, the students may choose a topic from a list to be proposed by the course instructors. The topics will be assigned in the final class on June 7th.
Length: the essays should be 5–10 pages in length (Times New Roman 12- point front; 1,5 line spacing, default margin settings).
Structure: the paper should consist of the following sections:
- Sec. 1: Identification of a research question
- Sec. 2: English law approach
- Sec. 3: French law approach
- Sec. 4: German law approach
- Sec. 5: Austrian law approach
- Sec. 6: Comparison of the national approaches discussed and conclusionsEssays should be sent electronically (file formats: doc, docx, pdf) to barbara.lyszczarz@univie.ac.at and osajda@wpia.uw.edu.pl by June 21st 2013.The following criteria will apply to the assessment of essays submitted: accuracy and comprehensiveness of identification of the research problem, accuracy and comprehensiveness of information on national laws given in sections 2-5, skill in application of the comparative method (structure, comprehensiveness and conclusiveness of comparative argument and conclusions) formal correctness (formatting, citing and proper style of footnotes).ResultsThe results will be announced by July 1st 2013.
Length: the essays should be 5–10 pages in length (Times New Roman 12- point front; 1,5 line spacing, default margin settings).
Structure: the paper should consist of the following sections:
- Sec. 1: Identification of a research question
- Sec. 2: English law approach
- Sec. 3: French law approach
- Sec. 4: German law approach
- Sec. 5: Austrian law approach
- Sec. 6: Comparison of the national approaches discussed and conclusionsEssays should be sent electronically (file formats: doc, docx, pdf) to barbara.lyszczarz@univie.ac.at and osajda@wpia.uw.edu.pl by June 21st 2013.The following criteria will apply to the assessment of essays submitted: accuracy and comprehensiveness of identification of the research problem, accuracy and comprehensiveness of information on national laws given in sections 2-5, skill in application of the comparative method (structure, comprehensiveness and conclusiveness of comparative argument and conclusions) formal correctness (formatting, citing and proper style of footnotes).ResultsThe results will be announced by July 1st 2013.
Minimum requirements and assessment criteria
Course ObjectivesThe purpose of this course is to:- provide students with comparative overview of the most relevant European laws of contracts
- help students to identify, on the basis of comparative information, strong and weak points of the given national contract law
- equip students with basic knowledge necessary while working in the international environment, in particular, in dealing with international business transactions
- provide students with the key comparative skills in order to facilitate work involving foreign laws
- open students’ minds to controversial issues relating to contract law, inspire their research and enhance their future experience in the legal practice.
- help students to identify, on the basis of comparative information, strong and weak points of the given national contract law
- equip students with basic knowledge necessary while working in the international environment, in particular, in dealing with international business transactions
- provide students with the key comparative skills in order to facilitate work involving foreign laws
- open students’ minds to controversial issues relating to contract law, inspire their research and enhance their future experience in the legal practice.
Examination topics
Lecture and in class discussion
Reading list
Course MaterialsTextbook: Beale, Hugh et al., Contract Law, 2nd ed., (Oxford, Oregon Portland: Hart Publishing, 2010)Additional readings may be assigned for particular classes.Additional recommended reading- Zweigert, Konrad & Kötz, Hein D., Introduction to Comparative Law (Oxford: Clarendon Press, 1987) vol. I, p. 1-75
- Hondius, Ewoud H. "Towards a European Civil Code" in Arthur S. Hartkamp, et al. eds., Towards a European Civil Code (Alphen aan den Rijn: Wolters Kluwer, 2011), p. 3-26
- Hondius, Ewoud H. "Towards a European Civil Code" in Arthur S. Hartkamp, et al. eds., Towards a European Civil Code (Alphen aan den Rijn: Wolters Kluwer, 2011), p. 3-26
Association in the course directory
Last modified: Th 31.03.2022 00:15