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GLB: Obligations and Contract Law I

Provided by: Tilburg
Bachelor's degree (EQF level: 6)

Aims
After successfully completing this course students should be able to:

§  Discuss the place of contract law within the field of private law, in particular compared to property law, tort law and other sources of obligations (such as the law of restitution or unjustified enrichment).
§  Interpret the general principles and concepts of contract law.
§  Distinguish different national approaches to contract law (e.g. English, French, German or Dutch law).
§  Apply national rules of contract law in a specific problem case and offer a reasoned opinion on the legal position of the parties involved.
§  Comparatively analyse contract law topics to offer suggestions for solving national law problems.

Content
Obligations and Contract Law I introduces students to the basic principles of contract law and the different stages in the life of the contract. Students will acquire knowledge about the requirements for a valid contract to be established, the contents and operation of contracts, the remedies available to parties in case of non-performance, as well as the termination of contracts.

The course starts from a general perspective on contracts and contracting, exploring the concept of ‘contract society’. The central focus will be on the paradigm two-party contract in which each of the parties is involved in obligations. The standard example is a contract of sale, in which the seller obliges himself to deliver goods and the buyer to pay the price for those goods. Questions that will be discussed are: why do we need contract law? Why do certain promises give rise to obligations that the law will uphold? What does it mean to be bound to a contract, for example in terms of the remedies that are available in case of non-performance? And what is the basis on which the law in particular circumstances (e.g. duress, fraud) sets aside otherwise binding obligations?

From this general, transnational perspective, the course will dive deeper into the rules of positive law that we find in major legal traditions around the world (incl. the common law tradition, and civil law systems such as German and French law). Also, selected soft law instruments will be studied (e.g. the Draft Common Frame of Reference (DCFR)).

  • Fall Semester 2022/23 (from to )

    Course start date 2022-09-01
    Course end date 2022-12-23
    Language English
    Credits 6 (ECTS)
    Grading scheme: Grades will be awarded on a 10 point scale where 6 is the passing grade