Comparative contract law CLC 2TC

Be able to present remedies of a breach of compare the rules of performance of the contract in different legal systems.. Be able to analyze and clarify the main similarities and differ

HANOI LAW UNIVERSITY

COMPARATIVE LAW INSTITUTE

COURSE OUTLINE COMPARATIVE CONTRACT LAW

(For HLU internal use only)

HANOI - 2021

HANOI LAW UNIVERSITY

COMPARATIVE LAW INSTITUTE

Training Level: Bachelor of Law

Subject’s Name: Comparative Contract Law

Number of Credit: 02

Type of Subject: Optional

1 COURSE INSTRUCTORS’ INFORMATION

1 Dr Nguyen Toan Thang– Lecturer, Director, Comparative Law Institute,

Rooms: 1501, 1502 and 1407, A Building, Hanoi Law University

No 87, Nguyen Chi Thanh, Dongda, Hanoi

3 COURSE SYLLABUS IN BRIEF

Comparative Contract Law is a subject that equips students withfundamental knowledge of contract law of different countries that comefrom the two major legal traditionsof the world (Civil Law and CommonLaw) using comparative approach

The course consists of two parts: (1) General part (dealing withfundamentals of Comparative Contract Law; and (2) Detailed part dealingwith all matters from the formation to the termination of a contract

- The concept of comparative contract law; and objects forcomparison;

- The significance of comparative contract law;

- The formationand requirements for a validcontract;

- Contents, construction andmodification of a contract;

- Performance, breach andtermination of a contract;

4 COURSE SYLLABUS IN DETAILS

Topic 1 An Overview of Comparative Contract Law

1 The Concept of Comparative Contract Law

- Definition and characteristics of Comparative Contract Law

- Objects for comparison

2 The Significance of and Principal Approaches to Comparative Contract

Law

Topic 2 The Formation of a Contract

1 General Consideration of the Concept of Contract

2 Elements for the formation of a Contract

Topic 3 Requirements for a Valid Contract

1 Parties’having capacity to make a contract

2 Parties’ will and their declared will being unique

3 Contract’s contents being legal

4 Contract’s form satisfying special requirements

Topic 4 The Contents, Modification and Construction of a Contract

- K5: In-depth knowledge of civil law in theory and practice;

- K6: In-depth knowledge of economic law in theory and practice;

- K8: In-depth knowledge of international trade and business law in theoryand practice;

- K13: Specialized knowledge of legal English through learning 20% of theknowledge in the training program in English;

- K16: using legal English for academic and working purposes, dealingwith foreign partners in the legal affairs

5.2 Skill Objectives

- S17: Skills for searching, analyzing and evaluating accurately thelegislation related to the work;

- S18: Skills for analyzing practical legal cases and Problem - Solving Skills;

- S25: Presentation and criticism skills;

- S26: Independent work skills;

- S27: Teamwork and team leadership skills;

5.3 Attitude Objectives

- T32: Loyalty to country, Complying with the law and the State’s policies;

- T33: Honesty, goodwill, supporting the innovation, protecting justice;

- T34: Being Confident and looking forward to learn new knowledge,dedicating the intelligence to serve the country;

- T35: Complying with legal professional ethical standards;

1B2 Be able to

distinguish between characteristics of Comparative Contract Law and those of Comparative Law

1B3 Be able to

1C1 Be able to

explain why international principles, regulation, directives governing contractual relations are objects for comparison

understand the objects

domestic contract law

and as an object for

in different legal systems

1B6 Be able to

analyze different contract law doctrines adopted in different legal systems

1B7 Be able to

analyze research objects and research methods of each approach to Comparative Contract Law

1C2 Be able to

explain why objects for comparison are notonly confined to legal rules and principles of contract law

1C3 Be able to

explain the significance of Comparative Contract Law

1C4 Be able to

differentiate between roles of Comparative Contract Law

1C5 Be able to

differentiate between approaches to Comparative Contract Law

contract in Civil Law

and Common Law

2A4 Understand the

elements that constitute

a binding contract in

different legal systems

2A5 Understand what

an offer is; how to

revoke an offer; and

duration of an offer in

different legal systems

2A6 Understand what

an acceptance is; and

how to communicate an

acceptance in different

legal systems

2A7 Understand the

certainty of the terms of

an agreement in

different legal systems

definitions of contract

in different legal systems

2B2 Be able to

differentiate between

an offer and an invitation to treat in different legal systems

2B3 Be able to

distinguish between theprinciple of freedom ofcontract adopted in different legal systems

2B4 Be able to

compare between offers and related issues adopted in different legal systems

2B5 Be able to

compare between acceptances and relatedissues adopted in different legal systems

2B6 Be able to

compare the certainties

of contract’s terms in different legal systems

2B7 Be able to explain

the importance of the intention to create legalrelations in different

approaches to defining contract

in Civil Law and Common Law traditions in general and in relevant legal systems in particular

2C2 Be able to

comment on the similarities and differences between offer, acceptance and their related issues adopted in

different legal systems

2C3 Be able to

comment on the differences between how the requirements for the certainty of theterms of the agreement adopted

in different legal systems

2C4 Be able to

comment upon the

2A8 Understand the

intention to create legal

relations in different

legal systems

2A9 Understand the

agreements that do not

constitute legal relations

different viewpoints of different legal systems on the intention to create legal relations

2C5 Be able

toevaluate the importance of different doctrines adopted in

different legal systems

3B2 Be able to grasp

of different types of limited contractual capacity in different legal systems

3B3 Be able to

analyze situations in

3C1. Be able to differentiate between void and voidable contract within a legal system as well as between those in different legal systems

3C2. Be able to

3A5 Be able to grasp

the requirements on the

contractual terms for a

parties having to follow

to sign a valid contract

which people under specified age and mental illness ones are bound by the contracts they entered into

3B4 Be able to

identify the similaritiesand differences

between vitiating factors in different legal systems

3B5 Be able to

distinguish between a contract contrary to thelaw and that contrary topublic policy

3B6 Be able to

distinguish between different circumstances

in which a contractual party has no free will while entering a contract in different legal systems

clarify the similarities and differences between contractual capacity requirements in different legal systems

3C3. Be able to differentiate between contracts being contrary to law and those being contrary to public policy in a legal system as well as amongst different legal systems

3C4. Be able to explain vitiating factors in different legal systems

3C5. Be able to explain why some certain types of contract having to

be concluded in

conformity with formality requirements in different legal systems.

4A1 Be aware of the

concept of terms of the

contract

4A2 Be able to classify

different terms of the

contract

4A3 Be able to

understand the rules in

different legal systems

with respect to the

express terms

4A4 Be able to

understand the

significance in different

legal systems with

respect to the implied

terms

4A5 Be able to present

the standard terms of

the contract in different

legal systems

4A6 Be able to present

the exclusion clauses

incorporated in the

4B1.Be able

tounderstand the reasons to classify terms of the contract

4B2 Be able to

compare the rules of law with respect to express and implied terms in different legal systems

4B5 Be able to explain

the importance of interpretation of the contract

4B6 Be able to

4C1.Be able to

draw the differences between different legal systems withrespect to

contractual terms

4C2 Be able to

comment upon legal rules concerning the unfair contract terms; and possible lessons for Vietnam

4C3 Be able to

comment upon rules of

interpretation of the contract; possible lessons for Vietnam

contract in different

legal systems

4A7 Be able to

understand rules in

different legal systems

with respect to the

control of unfair terms

4A8 Be able to

understand the rules in

different legal systems

with respect to the

5B2 Be able to

5C1.Be able to

draw the differences betweendifferent legal systems with

different legal systems.

5A3 Be able to present

the frustration doctrine

different legal systems

5A5 Be able to present

different legal systems

5A8 Be able to present

remedies of a breach of

compare the rules of performance of the contract in different legal systems

5B3 Be able to

analyze and clarify the main similarities and differences with respect to subsequent impossibility of the contract in different legal systems

5B4 Be able to

analyze and clarify the main similarities and differences with respect to an actual breach of a contract in different legal systems

5B5 Be able to

analyze and clarify the main similarities and differences with respect to an anticipatory breach of

a contract in different legal systems

5B6 Be able to

distinguish between

respect to performance of the contract

5C2 Be able to

comment upon legal rules concerning the subsequent impossibility of the contract in different legal systems; and possible lessons for Vietnam

5C3 Be able to

comment upon reasonableness and necessity of provisions concerning an anticipatory breach of a contract in different legal systems

5C4 Be able to

explain reasons of differences

concerning roles

5B7 Be able to

analyze and clarify the main similarities and differences with respect to the compensation for damages due to a breach of a contract in different legal systems

5B8 Be able to

analyze and clarify the main similarities and differences with respect to the penalty due to a breach of a contract in different legal systems

5B9 Be able to

analyze and clarify the main similarities and differences with respect to remedies agreed by the parties incase of a breach of a

of the fault in case

of identifying liabilities due to a breach of a contract in different legal systems

5C5 Be able to

explain reasons of similarities and differences concerning remedies in case

of a breach of a contract in different legal systems

5C6 Be able to

comment upon remedies in case

of a breach of a contract in different legal systems

5C7 Be able to

comment upon a termination of a contract due to an agreement in

5B10 Be able to

analyze and clarify the main similarities and differences with respect to a termination of a contract due to a performance completion in differentlegal systems

5B11 Be able to

analyze and clarify the main similarities and differences with respect to a termination of a contract due to an agreement in different legal systems

5B12 Be able to

analyze and clarify the main similarities and differences with respect to a termination of a contract due to a breach of a contract in

different legal systems

5C8 Be able to

comment upon a termination of a contract due to a breach of a contract in different legal systems

5C9 Be able to

comment upon a termination of contract by frustration in Common Law andtermination of contract due to force majeure in Civil law

5C10 Be able to

explain reasons of similarities and differences concerning a termination of a contract in different legal systems

different legal systems.

5B13 Be able to

analyze and clarify the main similarities and differences with respect to a termination of contract

by frustration in Common Law and termination of contractdue to force majeure inCivil law

5B14 Be able to

distinguish between cases and legal effects

of the rescission of contract in different legal systems

6.2 Synthesis of the cognitive objectives

A TEXTBOOKS

1 Basil Markesinis&HannesUnberath, The German Law of Contract

– A Comparative Treatise, Hart Publishing Oxford and Portland –

Oregon, Second Edition, 2006

2 Raymond Youngs, English, French & German comparative law,

second Edition, London, Routledge Pub., 2007

3 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.

1 Catherine Elliott & Frances Quinn, Contract Law, LexisNexis,

Seventh edition, 2009

2 Claude D Rohwer& Anthony M Skrocki, Contracts in a Nut shell,

West, Seventh edition, 2010

1 Charman& Mary, Contract Law, Taylor and Francis, 2007

2 Neil Andrews, Contract law, Cambridge - New York : Cambridge

University Press, 2011

3 Catherine Mitchell, Interpretation of Contracts, Taylor and Francis,

2007

4 DiMatteo, Larry A.; Zhou, Qi; Saintier, Severine; Rowley, Keith,

Commercial Contract Law: Transatlantic Perspectives, Cambridge

7 Ewan McKendrick, Contract law: text, cases, and materials,

Oxford - New York : Oxford University Press, 2005

8 Ole Lando& Hugh Beale, Principles of European contract law, The

Hague - Boston: Kluwer Law International, 2000

9 Twigg-Flesner& Christian, The Europeanisation of Contract Law: Current Controversies in Law, Taylor and Francis, 2013.

10 Kramer & Adam, Contract Law: An Index and Digest of Published Writings, Hart Publishing Limited, 2010.

11 Martin Hogg, Promises and contract law, Comparative perspective,

Cambridge University Press, 2011

12 Jan M Smits, Contract law A Comparative Introduction, Edward

Elgar, Cheltenham, UK, 2014.

13 Richard Taylor & Damian Taylor, Contract law: directions, Oxford

- New York: Oxford University Press, 2013

9 FORMS OF TEACHING AND LEARNING

9.1 Overall Working Plan for the formal first degree, full-time

training

- The extent to which team members get involved in the seminars

- Submission of team assignment and make oral presentation

6

- The extent to which team members get involved in the seminars

- Submission of team assignment and make oral presentation

6

- The extent to which team members get involved in the seminars

- Submission of team assignment and make oral presentation

6

team members get involved in the seminars

- Submission of team assignment and make oral presentation

- Submission of term assignment

6

Total

12 class hours

16 class hours

10 class hours

15 class hours

30 credit hours

= 12 credit hours

= 8 credit hours

= 5 credit hours

= 5 credit hours

9.2 Overall Working Plan for the second degree, in-service training and for training at the Campus

- Submission of team assignment and make oral presentation