Contract Law, Dispute Resolution and Psychology

2018-2019

Course Objective

This course addresses the principles of contract law and the
psychological dimensions of contract negotiations. It is a course in
which the legal perspective and the behavioral perspective are
intertwined.

The course does not deal with the specifics of national laws of
contract; instead it focuses on the universal themes of contract law.
This more abstract approach provides a broader understanding and
prepares the student for a future in which he has to exchange thoughts
with colleagues from other jurisdictions.

Course Content

The topics analyzed in the contractual part of the course include but
are not limited to:
a) the notion of contract;
b) Formation of contract;
c) validity of contracts;
d) interpretation and contents;
e) supervening events in the life of contract;
f) Remedies for non-performance;
g) Third party consequences.

The part on contract negotiations will provide you with an experiential,
simulation based introduction to the theory and practice of negotiation
and help you understand how your personal background, values, feelings
and personal style affect your performance as a negotiator.

The topics to be discussed in the behavioral classes on negotiations
will be: a) value
distribution in single-issue, two-party negotiations; b) value creation
in multi-issue, two-party negotiations; c) psychological factors in
dispute resolution; introduction to counseling: the lawyer-client
Relationships.

Teaching Methods

Lectures

Method of Assessment

Written exam (60%), paper (20%), presentation (10%) and participation
(10%)

Literature

• Mnookin, R.H., Peppet, S.R., & Tulumello, A.S. (2004). Beyond Winning:
Negotiating to Create Value in Deals and Disputes, Harvard Press.
• Robert A. Hillman, Principles of Contract Law, Thomson Reuters, 2009.
• Selected journal and practitioner articles will also be assigned for
individual sessions.

Target Audience

This course is only open to students of the programme Law, Markets and
Behavior.

General Information

Course Code R_CLDRP
Credits 6 EC
Period P1
Course Level 500
Language of Tuition English
Faculty Faculty of Law
Course Coordinator prof. dr. J.L. Smeehuijzen
Examiner prof. dr. J.L. Smeehuijzen
Teaching Staff prof. dr. J.L. Smeehuijzen

Practical Information

You need to register for this course yourself

Teaching Methods Seminar, Lecture