COMPARATIVE CONTRACT LAW

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

Lecturer Do Anh Hong

Comparative Law Institute

Hanoi Law University

COMPARATIVE CONTRACT

LAW

Topic 1 An Overview of

Comparative Contract Law

Topic 2 The Formation of a

COURSE SYLLABUS IN DETAILS

Topic 1 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

Topic 2 The Formation of a Contract

 General Consideration of the Concept of Contract

 Elements for the formation of a Contract

Topic 3 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

Topic 4 The Contents,

Modification and Construction of a Contract

Contract Contents

Contract Modification

Contract Construction

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…

COURSE ASSESSMENT METHODS

 Two assignments (Note: language);

 Final Exam: true/false questions with explanation and an essay

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.

LIST OF RESEARCH

TOPICS FOR FULL

SEMESTER ASSIGNMENTS

 Students select one of the following topics

for their full semester assignment:

1 Sources of contract law in English and German

legal systems: A comparative perspective

(Students can do research on this topic by

choosing other two legal systems at random)

2 Principle of “Freedom of Contract” adopted in

different legal systems (selected at random): A

commentary

3 “As an academic discipline, Comparative

Contract Law is merely a specialty of Comparative Law”: commentary and explanation

LIST OF RESEARCH TOPICS

4 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.

5 Similarities and differences between contractual

offers under the German and English contract law.

6 Similarities and differences between contractual

acceptances under the German and English contract law.

7 Certainty of the contractual terms under the English and German contract law: similarities and differences.

8 Intention to create legal relations under the English and German contract law: A comparative perspective.

LIST OF RESEARCH TOPICS

9 Contractual capacity under the English and German contract law: A comparative perspective (Students

can do 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

1 The Significance of Comparative

Contract Law: A commentary

2 The Principal Approaches to

Comparative Contract Law: A

commentary.

3 The intention to create legal relations

as one of elements for the formation of a Contract: A commentary.

LIST OF RESEARCH TOPICS

4 The “Consideration” as one of elements for the formation of a Contract: A

commentary.

5 Rules of Contract Modification:

commentary and explanation.

6 Rules of interpretation of the contract: commentary and explanation.

There are original contracts and contracts

amending or ending existing contracts

 (c)  consideration (unless the

contract is made by deed)

1 DEFINITION

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 do 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

2 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

3 OBJECTS

Objects for comparison

Contract laws in Different legal systems Focus on: Germany and England

Why?