Checking date: 28/05/2024


Course: 2024/2025

Common Law in Perspective (I)
(17255)
Master in International Advocacy (Plan: 370 - Estudio: 334)
EPD


Coordinating teacher: REDONDO APARICIO, AGUSTIN

Department assigned to the subject: Private Law Department

Type: Compulsory
ECTS Credits: 4.0 ECTS

Course:
Semester:




Requirements (Subjects that are assumed to be known)
Degree in Law.
Skills and learning outcomes
Description of contents: programme
Common law in perspective (I) 1.- Contracts under common law and civil law comparisons a) Sources of law b) Preliminary dealings, offer, acceptance and agreement. Pathologies of consent: mistake and misrepresentation. c) Intention and consideration, estoppel and form (public and private certification). Pathologies of validity: illegality and invalidity. d) Contents of the contract. Good faith, express and implied terms, representations, warranties and conditions. e) Breach of contract. What amounts to breach, failure to perform, rescission, the doctrine of frustration. f) Remedies for breach of contract. Damages, action for an agreed sum, specific performance in equity, restitution. g) Multi-party issues. Plurality of parties, third parties, assignment, agency. 2.- Civil procedure in common law countries and civil law comparisons a) Court systems (United States and England). Jurisdiction and concept of domicile. b) Rule of law and fair trial. The doctrine of precedent. c) Starting a case. Individual and collective redress (class action). Adversarial litigation, case management, and sanctions for non-compliance with rules or orders. d) Interim remedies e) Summary adjudication f) Disclosure of information and exceptions g) Evidence h) Appeals and finality of litigation i) Costs
Learning activities and methodology
LEARNING ACTIVITIES AF1 Theory lectures AF2 Practical lectures AF3 Theorico-practical lectures AF6 Group project AF7 Individual project METHODOLOGY MD1: Lectures by the teacher with the support of audiovisual and computerized means in which the basic concepts of the subject shall be explained and the basic bibliography shall be recommended to complete the students knowledge. MD2: Critical Reading of texts recommended by the teacher: newspapers articles, reports, handbooks and/or academic papers, for their discussion in class or to consolidate the knowledge on the subject. MD3: Solving cases, problems, etc. posed by the teacher individually or in groups. MD4: Briefing and discussion in class, moderated by the teacher, of matters related to the content of the subject, as well as practical cases. MD5: Preparation of individual or group papers and briefings. TUTORING: Students will have access to tutorials with the person responsible for coordinating the subject. With the tutoring it is intended to organize the teaching and learning processes that are based on the interaction between the student and the teacher in order to: (i) Guide the autonomous and group work of the students (ii) Deepen in different aspects of the subject (iii) Guide the academic and comprehensive training of the student. The tutorials will take place at the time and under the conditions determined by the teacher in Aula Global.
Assessment System
  • % end-of-term-examination 40
  • % of continuous assessment (assigments, laboratory, practicals...) 60

Calendar of Continuous assessment


Basic Bibliography
  • Stuart Sime. A Practical Approach to Civil Procedure. Oxford University . 2015
  • . Chitty on Contracts. Sweet & Maxwell. 2015
  • Edwin Peel. Treitel on the Law of Contract. Sweet & Maxwell. 2015

The course syllabus may change due academic events or other reasons.