Bachelor degree in law and sufficient knowledge of the English language.
Note: This course is mandatory for attending the course Privatissimum: English Contract Law.
This course will study in detail certain aspects of the English law of contract, including formation, breach and remedies.
The principal working method is the analysis of cases (court decisions) in order to ascertain the law, and then the application of the law to hypothetical fact situations (practical problem questions). The fundamental rules of English contract law are not contained in any statutory text, but in the common law—the law which has been devised and developed by the courts over the centuries. Statutes have intervened to change particular common law rules relating to contract law. But the fundamental rules are found in cases, including cases which date back to the 19th century or even earlier.
The background to the particular cases which we shall study in detail is found in textbooks. The book which you will find particularly useful is:
J. Cartwright, Contract Law: An Introduction to the English Law of Contract for the Civil Lawyer (Hart Publishing, Oxford, 2007).
Objectives of the course
The purpose will be not only to discover the essential nature of English Contract Law , but also to use the law of contract as a starting point for learning about legal reasoning and how to find and apply the law in a common law system. There will be an opportunity to compare this method with the civil lawyer’s approach to legal reasoning, as well as to compare differences between English law and the law of other common law jurisdictions (such as the United States and Australia).
At the end of this course, students have a good understanding of the nature and content of English Contract Law and the differences between the common lawyer’s and the civil lawyer’s approach to legal reasoning.
Mode of instruction
Number of (2 hour) seminars: 5
Required preparation by students: Mandatory weekly reading assignments. Students are required to read the relevant sections of J. Cartwright, Contract Law (see below) together with two cases.
During class meetings Prof. Cartwright will expect students to participate in discussing the cases which have been read.
Other methods of instruction
Number of (2 hour) instructions: 5
Required preparation by students: During the tutorials further issues arising from the topic covered during the seminar will be discussed. Students are expected to prepare the hypothetical problem questions in advance. During class students will further explore how to apply the law to the problem question. There will also be an opportunity to discuss matters in preparation of the next topic.
3-hour written examination (closed book: no notes or course documents allowed).
The retake will most likely be an oral exam.
Areas to be tested within the exam
More information on this course is offered in “Blackboard”: http://blackboard.leidenuniv.nl/.
Obligatory course materials
English Contract Law
Recommended course materials
J. Cartwright, Contract Law: An Introduction to the English Law of Contract for the Civil Lawyer (Hart Publishing, Oxford, most recent edition).
Co-ordinator: Mw.mr. M.W. Knigge
Work address: KOG, Steenschuur 25
Contact information: Room C 2.08
Telephone number: +31 (0)71 527 7086
Institute: Private Law
Department: Civil Law
Room number secretary: KOG, C 2.02
Opening hours: 9.00 – 13:30 hrs
Telephone number secretariat: 071 – 527 7381
Belangstellenden die deze cursus in het kader van contractonderwijs willen volgen (met tentamen), kunnen meer informatie vinden over kosten, inschrijving, voorwaarden, etc. op de website van Juridisch PAO.