COMPARATIVE CONTRACT LAW

COMPARATIVE CONTRACT LAW Lecturer Do Anh Hong Comparative Law Institute Hanoi Law University Overview Topic An Overview of Comparative Contract Law Topic The Formation of a Contract Topic Requirements for a Valid Contract Topic The Contents, Modification and Construction of a Contract Topic Performance, Breach and Termination of a Contract Overview COURSE SYLLABUS IN DETAILS Topic An Overview of Comparative Contract Law The Concept of Comparative Contract Law Definition and characteristics of Comparative Contract Law Objects for comparison The Significance of and Principal Approaches to Comparative Contract Law Overview  Topic The Formation of a Contract  General Consideration of the Concept of Contract  Elements for the formation of a Contract Overview Topic Requirements for a Valid Contract Parties’ having capacity to make a contract Parties’ will and their declared will being unique Contract’s contents being legal Contract’s form satisfying special requirements Overview Topic The Contents, Modification and Construction of a Contract Contract Contents Contract Modification Contract Construction Overview Topic Performance, Breach and Termination of a Contract Contract Performance Breach of a Contract Termination of a Contract Learning Resources - See Course Outline, 2019; - Note: + Poor in VN but Rich in foreign languages materials + Mandatory & Additional materials  A TEXTBOOKS  Basil Markesinis & Hannes Unberath, The German Law of Contract – A Comparative Treatise, Hart Publishing Oxford and Portland – Oregon, Second Edition, 2006  Raymond Youngs, English, French & German comparative law, Third Edition, London, Routledge Pub., 2014  Gerhard Dannemann and Stefan Vogenauer, The Common European Sales Law in Context: Interactions with English and German Law, Oxford - New York : Oxford University Press, 2013 Learning Resources - See Course Outline, 2019; - Note: + Poor in VN but Rich in foreign languages materials + Mandatory & Additional materials  B MANDATORY REFERENCE MATERIALS * Books  Catherine Elliott & Frances Quinn, Contract Law, LexisNexis, Seventh edition, 2009  Claude D Rohwer & Anthony M Skrocki, Contracts in a Nut shell, West, Seventh edition, 2010 COLLECTING INFORMATION FOR SELF-STUDY PURPOSE - From books, journal articles: Vietnamese vs Foreign languages - From Website: + westlaw.com; lexis.com; heinonline.org + … gov…; …edu…; …aca… Assignment Research topic: each team shall choose a research topic from the list given by the principal course instructor; Length of the research paper: 3-4 pages (A4); The essay should include the research topic’s name; a table of contents; and a bibliography Final Exam Form of exam: True or false test and essay question Time: 90 minutes Total mark: 10 points LIST OF RESEARCH TOPICS FOR FULL SEMESTER ASSIGNMENTS  Students select one of the following topics for their full semester assignment: Sources of contract law in English and German legal systems: A comparative perspective (Students can research on this topic by choosing other two legal systems at random) Principle of “Freedom of Contract” adopted in different legal systems (selected at random): A commentary “As an academic discipline, Comparative Contract Law is merely a specialty of Comparative Law”: commentary and explanation LIST OF RESEARCH TOPICS Similarities and differences between definition of contract in Civil Law and Common Law tradition in general and in German and English legal systems in particular Similarities and differences between contractual offers under the German and English contract law Similarities and differences between contractual acceptances under the German and English contract law Certainty of the contractual terms under the English and German contract law: similarities and differences Intention to create legal relations under the English and German contract law: A comparative perspective LIST OF RESEARCH TOPICS Contractual capacity under the English and German contract law: A comparative perspective (Students can research on either under age people or mental incapacity one) 10 Contracts contrary to the law under German and English contract law: A comparative perspective 11 Contracts contrary to public policy under German and English contract law: A comparative perspective 12 The impact of misrepresentation, mistake, duress and undue influence on the validity of a contract 13 The implied terms of a contract in English and German legal systems: a comparative perspective LIST OF RESEARCH TOPICS 14 The express terms of a contract in English and German legal systems: similarities and differences 15 Situations of discharge of a contract under English and German legal systems: a comparative perspective 16 Interpretation of contracts: principles and methods NOTE: Full Semester Assignment: - Due date: at the end of the last class of this course - How to submit: team members submit their papers to their team leader; team leaders shall make a list of students that fail to submit their assignments (if any) and hand over the list and collected research papers to their teacher - Place of submission: Comparative Law Institute, Room A.15.01, Hanoi Law University LIST OF TOPICS FOR GROUP ASSIGNMENT The Significance of Comparative Contract Law: A commentary The Principal Approaches to Comparative Contract Law: A commentary The intention to create legal relations as one of elements for the formation of a Contract: A commentary LIST OF RESEARCH TOPICS The “Consideration” as one of elements for the formation of a Contract: A commentary Rules of Contract Modification: commentary and explanation Rules of interpretation of the contract: commentary and explanation DEFINITION One problem about the subject is that contracts come in many different forms and shapes contracts for the sale of goods and land; contracts of exchange; contracts for the provision of services;  contracts of employment; contracts of insurance There are original contracts and contracts amending or ending existing contracts DEFINITION England For a contract to exist in English law, there must be: (a) agreement; (b)  an intention to create legal relations; and (c)  consideration (unless the contract is made by deed) DEFINITION Germany A contract is a type of legal transaction A contract consists of declarations of will that agree with each other from at least two persons  A contract is normally necessary for the creation or alteration of an obligation relationship Comment There is a common basic concept in contract law that consensus between two or more persons about something that is capable of forming the subject matter of a contract and which is expressed by the persons concerned with the intention of creating a legal relationship should result in the formation of a contract There are the further requirements of consideration in England, which not exist in Germany, although as we shall see certain aspects of these concepts are present in the German system In Germany, contracts are fitted into a conceptual structure that is absent in England: they are made up of declarations of will and are a type of legal transaction Features (1) Not a law branch, nor a system of legal rules )2) Used to compare different legal systems Note: compare between legal acts, rules of the same legal system, enacted by different ruling powers, in different historical stages  not CCL (3) Study of CCL ≠ study of foreign law (4) CCL: branch of legal science, not simply a research method (5) CCL’s research scope seems unlimited: + Cannot be treated in an exhaustive manner + Can hardly imagine all conceivable bilateral & multilateral comparisons b/t all combination of existing legal systems  NOTE: Should limit research scope to particular legal questions/countries OBJECTS Objects for comparison Contract laws in Different legal systems Focus on: Germany and England Why? SELF-STUDY - The Significance of Comparative Contract Law - The Principal Approaches to Comparative Contract Law ... ? ?Topic An Overview of Comparative Contract Law ? ?Topic The Formation of a Contract ? ?Topic Requirements for a Valid Contract ? ?Topic The Contents, Modification and Construction of a Contract ? ?Topic. .. Contract Overview COURSE SYLLABUS IN DETAILS ? ?Topic An Overview of Comparative Contract Law The Concept of Comparative Contract Law Definition and characteristics of Comparative Contract Law. .. submission: Comparative Law Institute, Room A .15 . 01, Hanoi Law University LIST OF TOPICS FOR GROUP ASSIGNMENT The Significance of Comparative Contract Law: A commentary The Principal Approaches to Comparative