JUR406 Comparative Contract Law

The course is connected to the following study programs

• Master's Programme in Law

Teaching language

English

Course contents

All cross-border legal interaction necessitates a comparative analysis of legal systems. As law is an inherently national undertaking, and language its main communication device, problems arise when jurists need to analyse legal systems not their own, or to communicate the content of their own legal system to lawyers from other jurisdictions. The lack of a common legal structure makes translation notoriously difficult. To prevent misunderstandings and facilitate efficient and accurate communication between lawyers and jurists from different legal systems, it is paramount to be aware of these challenges. This course aims to provide students with the methodological tools to navigate this complex and often misleading terrain.

 

Building on the knowledge of legal cultures and comparative legal method which the students have gained during their bachelor education, the course provides insight into the contract law of other European countries and challenges the students to reflect upon both the familiar solutions of Norwegian law as well as the possible reasons for similarities and differences between countries. Contract law is essential to cross-boarder transactions. It has been the object of several harmonisation efforts, and extensive legal research has been conducted in this field. This means that there are ample source materials available to the students, providing them with insights beyond the mandatory reading materials as well as the possibility to conduct their own research within the framework of the course. 

 

Thus having learned to familiarise themselves with foreign legal systems, the students will be better qualified to act as consultants to private and public actors who for a variety of reasons need to know another country’s law. The selection of legal systems and the hands-on experience of dealing with sources of foreign law will provide the students with a good basis so that they may independently gain insight into complex structures as well as detailed regulations within the foreign law. This enables them to conduct independent comparative analyses of the law also in other fields. 

 

The course contributes towards the realisation of the UN’s sustainability goals no. 10 (reduce inequalities, esp. 10.2 and 10.3), no. 16 (peace, justice and strong institutions) and no. 17 (partnership for the goals). 

Learning outcomes

On successful completion of the course, the student should: 

• have acquired a thorough understanding of how to compare the law of different countries

• be familiar with core aspects of the contract law of selected legal systems, as well as being able to expand their knowledge through independent study

• be able to conduct an independent comparative analysis to identify similarities and differences in the contract law of the chosen legal systems

• be able to apply their knowledge of legal cultures to explain and reflect upon the identified similarities and differences

• be able to apply their knowledge of foreign law in order to counsel both private and public actors in their international affairs

Examination requirements

A compulsory written assignment must be approved before you can sit for the exam. 

Further information will be posted in Canvas at the start of the semester.  

Teaching methods

The course will consist of plenary lectures as well as seminars for smaller groups of students. In the seminars, the students will deal with specific theoretical and practical problems designed to deepen their understanding of the course topics. The assignments will encourage the students to independent analysis of and reflection upon core topics, thus providing them with a solid foundation for assessment and critique of specific legal rules.  

A compulsory written assignment is also included.

Students must use Canvas, which is the university’s learning support system. The course has an expected scope of work of around 202 hours. 

Evaluation

The person responsible for the course decides in consultation with the student representative the method of evaluation and whether the courses will have a midterm- or end of term evaluation, see also the Quality System, section 4.1. Information about evaluation method for the course will be posted on Canvas. 

Admission for external candidates

No

Offered as Single Standing Module

Yes, if there are places available

Admission Requirement if given as Single Standing Module

Same as for admission to the master’s programme in Law.

Assessment methods and criteria

The assessment consists of the following elements:

1. Folder assessment consisting of a preparatory essay and an individual, original semester paper of 3000-3500 words. The preparatory essay is pass/fail, the folder is graded by letters and counts 40 % towards the grade for the course.

2. Oral exam. Grading by letters. Counts 60 % towards the grade for the course.

Please note: Each candidate chooses the topic of their semester paper. A paper which constitutes part of a passing grade may not be handed in again as part of a new assessment should the candidate choose to re-take the course at a later time. In this case, the candidate must choose a new topic.

More information will be provided in Canvas.