Disclaimer: Currently these pages are being updated to reflect the courses for 2024 - 2025. Until these pages are fixed as per 1 September 2024 no rights can be claimed from the information which is currently contained within.
Should there be any future extenuating circumstances which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2024 may only be done with the approval and consent of the Faculty Board and Programme Director.
COURSE DESCRIPTION
This core 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 an overview of the general rules of contract law in civil and common law jurisdictions. Part II consists of a study of the life of a contract: from its negotiation and conclusion, its terms and their performance, to remedies for non-performance and termination. These aspects of a life of a contract will be examined in a comparative context, drawing on international restatements of contract law and with reference to standard form clauses to be found in modern commercial contracts. Finally, Part III will consist of an examination of some particular topics, including contract drafting, long term contracts and the challenges created for the law of contract by modern methods of contracting, including contracts entered into over the internet.
It is a “core course” within the meaning of Article 12 (5) of the applicable Course and Examination Regulations.
COURSE OBJECTIVES
- Content: The student can provide an accurate account of the law and can reflect critically on the core principles of the various topics covered in the International Contract Law course.
- Comparative method: The student is able to compare and contrast different approaches to commercial contract law in civil and common law systems and is able to distinguish relevant differences in approach.
- Class participation: The student can critically engage with the assigned readings and is willing to engage in meaningful discussions on the issues raised therein.
- Application of knowledge: The student can apply principles of international contract law to fact situations other than those to be found in the cases on the reading list and contribute to class discussions.
- Critical Evaluation: The student can formulate a position and present this position convincingly relative to other positions following a clear line of reasoning.
CONTACT
Programme Coordinator LLM (Adv) International Civil and Commercial Law
Office for International Education / Leiden Law School
E: iccl@law.leidenuniv.nl
COURSE COORDINATOR
Ms H. de Rooij
E: H.de.Rooij@law.leidenuniv.nl
METHOD OF INSTRUCTION
Lectures, seminars, and group discussions.
EXAMINATION
Written exam (100%)
In order to complete the course successfully, students must obtain at least a 5.5 final grade for the written exam.
The retake of the written exam will be an oral exam (100%).
COURSE REQUIREMENTS
Full degree in law granting access to the legal profession (or equivalent).