Contract Law in Europe

Module summary

This module is a comparative contract law course. The main focus of the module are the fundamental concepts of the law of contract. It compares certain national systems of contract law, namely Scots, English, and German law. The module also considers many of the influential harmonisation initiatives taking place in Europe at the moment, principally the Draft Common Frame of Reference (Principles, Definitions and Model Rules of European Private Law) and also the UNIDROIT Principles of International Commercial Contracts 2010. Where relevant the course will consider European Directives (although the course does not have a specific focus on consumer law.)

Session titles

  1. Introduction - what is a contract?
  2. The European Landscape: the DCFR
  3. Pre-contractual liability
  4. Formation
  5. Third party rights
  6. Error/Mistake
  7. Interpretation
  8. Breach and Termination
  9. Specific performance
  10. Damages

Learning outcomes

By the end of the module you should be able to:

  • Demonstrate an understanding of the defining characteristics of contract law in particular national legal systems;
  • Engage in informed discussion about the advantages and disadvantages of harmonisation of contract law within Europe;
  • Understand their own systems of contract law through discussion and comparison with students from other legal systems.

Assessment

5000-word essay (60%); assessed course work (20%); participation in online activity (20%).

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