International Contract Law

2018-2019
Dit vak wordt in het Engels aangeboden. Omschrijvingen kunnen daardoor mogelijk alleen in het Engels worden weergegeven.

Doel vak

OBJECTIVES

The Master’s graduate has thorough knowledge and understanding of the
main areas of international business law.

The Master’s graduate understands the relationships between the main
areas of international business law and recognizes which legal issues
are involved and how these influence each other.

The Master’s graduate knows who the actors of the international business
law environment are and how they interact with each other, while
acknowledging legal and cultural differences. Consequently, the graduate
discerns the legal
position of various parties, and understands how the conduct of these
parties can influence legal positions.

The Master’s graduate possesses analytical skills to apply acquired
knowledge and insights to concrete problems in the area of international
business law.

The Master’s graduate ‘translates’ practical problems into legally
manageable problems.

The Master’s graduate can analyse and assess scholarly literature, case
law and legal and policy documents, and critically reflect upon them.

The Master’s graduate shows evidence of an independent, critical
attitude with regard to existing theories and knowledge.

The Master’s graduate possesses the necessary knowledge of research
methodologies in international law and the necessary research skills to
independently prepare and carry out a jurisprudential study of some
size. The Master’s graduate can critically assess the value of research
findings, draw conclusions from them and relate research results to
theoretical debates within the domain and adjust them when necessary.

The Master’s graduate should be able to analyse complex issues in
relation to international business and make useful legal
recommendations. A Master’s graduate can formulate an independent and
well-substantiated opinion on complex legal issues and take a
substantiated position within the existing debates on various
international business law topics.

The Master’s graduate should have the ability to present orally and/or
in writing the setup, research methodology, theoretical foundations and
findings of their research to both experts and non-experts. The Master’s
graduate has a good command of English legal terms which are used within
international business law.

The Master’s graduate has a self-critical attitude that enables them to
independently acquire new knowledge and to improve their analytical,
research and communicative skills.


In specific, this course aims to enable the participants:

(1) to get acquainted with the basic terminology and concepts of
international contract law in general, in relation to certain important
international commercial contracts in practice;

(2) to enhance the knowledge of contract laws around the world and of
the international framework (PICC; PECL; CISG);

(3) to discover similarities and differences in the outcome of a
specific case when applying different contract laws;

(4) to learn when, why and how to deviate from the applicable national
non-mandatory contract law;

(5) to learn about commonly used boilerplate clauses in international
commercial contracts, and their importance in international contract
law.

Inhoud vak

Part 1:
- Class 1: Explanation of the Course; Introduction to Important Contract
Laws of the World
- Class 2: Pre-contractual Negotiations & Letters of Intent
- Class 3: Offer & Acceptance, Battle of Forms
- Class 4: Information Duties & Defects of Consent
- Class 5: Remedies for Non-Performance
- Class 6: Interpretation & Supervening Effects

Part 2:
- Class 7: Sale of Goods
- Class 8: Mergers & Acquisitions
- Class 9: Finance Contracts
- Class 10: Construction Contracts
- Class 11: Legal English: drafting commercial contracts in practice
- Class 12: Discussing an exam of the previous academic year

Onderwijsvorm

In this course the following working methods will be used:

(1) Preparing the classes by reading and studying the course materials.
The main course material is the book: H. Beale, B. Fauvarque-Cosson,
J.W. Rutgers, D. Tallon & S. Vogenauer, Cases, Materials and Text on
Contract Law, Oxford and Portland, Oregon: Hart Publishing, 2010.
Additional course material will be put on Canvas, such as commonly
used clauses in international commercial contracts (boilerplates) and
references to international instruments such as PICC, PECL, CISG
and to additional literature on international contract law.

(2) Questions and case studies. To show the relativity of the different
contract laws with regard to the outcome of a specific case, questions
and case studies will be put on Canvas with respect to some classes.
Participants are expected to prepare these questions and case studies
and to discuss their answers during class.

(3) Group discussions based on course materials, questions and case
studies. You are considered to be familiar with the contract law of your
home country. The legal problems which you have studied in your home
country and for which the contract law applicable in your country
provides solutions, are not only recognized in your country: these
problems are generally recognized in other countries as well. The
knowledge of all participants will be used during the classes to
confront different contract laws with each other in order to discover
the various solutions that are possible to solve the same issues.
Students must participate in group presentations (3 students per group)
during this course.

(4) Papers. During this course, participants must prepare two
individual papers. Instructions as regards
content and form will be put
on Canvas. Strict deadlines apply. It is compulsory to prepare and
hand in the two papers (in time) in order
to obtain a final grade for the course.

Toetsvorm

- Written exam in December (70%) and two papers (each 15%) (12 ECTS)

The written exam consists of open questions related to the topics of
this course which are not covered by the two papers.

The two papers comprise about 2,500 words each. Students need to write a
coherent and substantiated paper, including references to case law and
literature.

Literatuur

- H. Beale, B. Fauvarque-Cosson, J.W. Rutgers, D. Tallon & S. Vogenauer,
Cases, Materials and Text on Contract Law, Oxford and Portland, Oregon:
Hart Publishing, 2010.

- Additional course material will be put on Canvas, such as commonly
used clauses in international commercial contracts (boilerplates) and
references to international instruments such as PICC, PECL, CISG
and to additional literature on international contract law.

Doelgroep

- The complete course (parts 1 & 2 together) is exclusively provided to
the students of the International Business Law Master of VU University
Amsterdam.

Overige informatie

This course is exclusively offered to students participating in the
International Business Law master (12 EC)

Algemene informatie

Vakcode R_IntConL12
Studiepunten 12 EC
Periode P1+2
Vakniveau 500
Onderwijstaal Engels
Faculteit Faculteit der Rechtsgeleerdheid
Vakcoördinator mr. dr. R. Mellenbergh
Examinator mr. dr. R. Mellenbergh
Docenten mr. dr. R. Mellenbergh
prof. mr. R.P.J.L. Tjittes
mr. P.S. Bakker
dr. mr. C.B.P. Mahe

Praktische informatie

Voor dit vak moet je zelf intekenen.

Werkvormen Hoorcollege