Checking date: 23/05/2019


Course: 2019/2020

Common Law in Perspective (I)
(17255)
Study: Master in International Advocacy (334)
EPD


Coordinating teacher: REDONDO APARICIO, AGUSTIN

Department assigned to the subject: Department of Private Law

Type: Compulsory
ECTS Credits: 4.0 ECTS

Course:
Semester:




Competences and skills that will be acquired and learning results.
BASIC SKILLS CB6 Possess and acquire knowledge that provides a basis or opportunity to be original in the development and/or application of ideas, often in a research context. CB7 Make the students able to apply the knowledge acquired, and their ability to solve problems in environments that are new or little known within broader contexts (or multidisciplinary) related to their field of study. CB8 Make the students able to integrate knowledge and face the complexity of exercising judgment from information that, being incomplete or limited, includes reflections over the social and ethical responsibilities linked to the application of their knowledge and judgments. CB9 Make the students capable to communicate their conclusions and the knowledge and ultimate reasons that support those conclusions, to a public that may be specialized or non-specialized in a clear and unambiguous manner. CB10 Make the students possess the learning skills that allow them to continue studying in a way that will, to a great extent, have to be self-directed and autonomous. GENERAL SKILLS CG1 Understand the multidisciplinary nature of the legal order and the necessarily interdisciplinary approach to legal problems, especially from an international perspective. CG2 To integrate, manage, identify, organize and analyze information of a legal nature. CG3 To formulate critical judgments, evaluate them, and communicate their conclusions in a clear and orderly manner. CG4 To evaluate the development of personal and collective actions, identifying rigorous and well-finished work, as well as mistakes, making arguments, and proposing alternative solutions to improve processes and outcomes. CG5 To acknowledge the growing importance of teamwork and show initiative, creativity and sense of responsibility, maintaining a lively interest during the whole process. CG6 To adapt and blend into different working groups, keeping fluid relationships and communication, respecting ideas and solutions proposed by others with an attitude of cooperation and tolerance, sharing responsibilities and issuing and receiving instructions. CG7 To develop professional works in interdisciplinary and international teams, with the ability to integrate diverse contributions in diverse and multicultural legal environments, all towards a common goal. CG8 To acquire an adequate and correct attitude at an international level, especially in the context of legal compliance and the management of conflicts of interest in the negotiation of contracts and their performance, as well as in the dispute resolution stage. CG9 Ability to understand the advisory role in the broader transnational environment. CG10 Ability to apply in new and multidisciplinary environments the concepts, principles, theories or models related to the globalization and internationalization of the law. SPECIAL SKILLS CE1 To be able to draft legal documents in Spanish and English in the context of contract negotiation, the execution of transnational transactions, as well as in international conflictual contexts. CE6 Designing an advisory program for measures of international legal compliance, as a result of the identification, planning, and mitigation of risks arising from the undertaking of legal affairs. CE7 To learn the key legal concepts and institutions in other jurisdictions, especially those coming from a common law system, and their comparison and contrast with the main legal institutions of civil law. CE8 To learn the key legal principles and institutions in Transnational Law and Public International Law, and to understand the channels through which the interests protected by the different branches of the law can be interwoven and interrelated, either through the transfer of principles or lessons learned, or through the conflict between them, and the need to achieve complex equilibria. CE9 Capacity to understand the economic implications of legal decisions, and the financial perspective when evaluating a client or a project. CE14 Capacity to reconcile perspectives of legal interpretation with economic and accounting perspectives to design the transactions and structures that reconcile tax optimization with the most scrupulous compliance with legality. CE19 Capacity of critical analysis of contractual and procedural documents and legal texts with an international origin for their correct interpretation and execution. CE20 Capacity to draw common criteria from diverse sources from different legal traditions, and to formulate proposals and positions not based on arguments of authority, but of consistency. CE21 To advice in matters of legal compliance, or corporate law, contract law, procedural law, labour law, administrative law or tax law from the perspective of international advocacy. LEARNING OUTCOMES OF THE SUBJECT After taking this course the student will be able to: -Describe the basic institucions of common law -Explain the essential differences between the different institutions of common law against civil law -Determining the basic principles governing transnational law and Public International Law that are linked to the transnational practice of the law -To draw a global view of the transnational general principles that may have an impacto n cross-border scenarios, and to apply them to specific situations -To describe the organization and workings of the essential concepts of financial accounting and valuation techniques from an international perspective -To apply the analysis of accounting information in different situations -To design, plan, and put in practice the legal strategy according to compliance rules at an international level
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.
Assessment System
  • % end-of-term-examination 40
  • % of continuous assessment (assigments, laboratory, practicals...) 60
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 and the academic weekly planning may change due academic events or other reasons.