Disclaimer: This course has been updated to the best of our knowledge at the current time of publishing. Due to the Covid 19 pandemic and the fluctuating changes in lock down regulations all information contained within this course description are subject to change up to 1 September 2021.
Due to the uncertainty of the Covid 19 virus after 1 September 2021, changes to the course description can only be made in the event of strict necessity and only in the circumstances where the interests of the students are not impinged. Should there be a need for any change during the duration of the course, this will be informed to all students on a timely basis and will not be to the prejudice of students. Modifications after 1 September 2021 may only be done with the approval and consent of the Faculty Board.
This course provides students with in-depth knowledge of the core elements of contract law as they apply to international transactions. This course is taught by lecturers from both civil and common law jurisdictions who will approach the subject from a comparative perspective and infuse academic theory with examples and case studies drawn from international commercial practice. Aside from studying civil and common law approaches in depth, the course will also examine international and transnational rules and principles of contract law.
The course consists of three parts. Part I is dedicated to developing a thorough understanding of the general rules of contract law in civil and common law jurisdictions by studying the life of a contract: from its negotiation and conclusion, its terms and their performance, to remedies for non-performance and termination. In Part II, the focus will be on contract law in international practice, which will be explored by considering the rules for particular types of contracts enshrined in international and transnational treaties and instruments. Contract drafting workshops will be another central feature of this part. Finally, Part III is a Moot Court, in which the students will be able to demonstrate and apply their knowledge of international contract law in written and oral submissions and thereby also hone their advocacy skills.
Programme Coordinator LLM (Adv) International Civil and Commercial Law
Office for International Education / Leiden Law School
Ms H. de Rooij
METHOD OF INSTRUCTION
Seminars, group discussions, supervised writing, and participating in a moot court (combined with online components if necessary).
Mandatory Moot Court preparation and participation (fail or pass)
Written exam (100%)
In order to complete the course successfully, students must acquire both a pass for their participation to the moot court and at least a 5.5 final grade for the written exam.
Students that do not acquire a pass for the moot court will be required to, at the discretion of the examiner, submit a new paper in preparation for a moot court session, perform a new oral performance of a moot court session in a role assigned by the teacher (which need not be the same as a role previously assigned).
The retake of the written exam will be an oral exam (100%).
Full degree in law granting access to the legal profession (or equivalent).