Objectives of the course
The purpose will be not only to discover the essential nature of a contract in the eyes of English law, but also to use the law of contract as the topic from which to learn how a common lawyer reasons in order to find and apply the law. There will be an opportunity to make comparisons with the civil lawyer’s approach to legal reasoning, as well as to see some differences between English law and the law of other common law jurisdictions (such as the United States and Australia).
Short description of the course
This course will study in detail certain aspects of the English law of contract, including formation, breach and remedies.
The principal method of work is the analysis of cases. 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 the 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).
Achievement levels
At the end of this course, students should 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.
Coördinator
Name: Mr. Erik-Jan Zippro
Work address: KOG, Steenschuur 25
Contact information: Room C 2.09
Telephone number: +31 (0)71 527 7400/01
E-mail: e.j.zippro@law.leidenuniv.nl
Departement/division
Departement: Civil Law
Room number secretariat: KOG, B 2.41
Opening hours: 9 – 17h
Telephone number secretariat: +31 (0)71 527 7421
E-mail: i.m.gonzalez@law.leidenuniv.nl
Onderwijsvormen
Seminars (5)
For each week’s work you are required to read the relevant sections of this book (J. Cartwright, Contract Law), together with two cases.
At the seminar with John Cartwright you will be expected to participate in discussion of the cases which you will already have read. There will be a brief introductory meeting, to explain the course and how you should prepare the work for the first seminar.
Tutorials (5)
At the tutorials you will discuss further issues arising from the lecture topic, and can explore more detailed comparisons with Dutch law in order to enhance your understanding of the English law. There will also be the opportunity to discuss matters in preparation for the next topic
Studiemateriaal
Obligatory course material
Reader: 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, 2007).
Toetsing
Examination form(s)
3-hour written examination (closed book: no notes or course documents).
Ingangseis
Bachelor degree in law and sufficient English knowledge.
Rooster
The time table can be found at the following website: www.law.leidenuniv.nl
Inschrijving
Via U-Twist
Digitale leeromgeving
This course uses Blackboard (digital learning environment).