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