COURSES AND SEMINARS (ES)

Spring Semester (March 1 - May 31, 2018)

Course

Private Comparative Law 2018

Prof. Noah Vardi

7 CFUs - ECTS

Classes begin March 1
Classes meet Wednesday, 8:30 to 10 am in Classroom 278, second floor, Law School
and Thursdays and Fridays, 4:00 - 5:45 pm in Classroom 4, ground floor, Law School

noah.vardi@uniroma3.it  (see website for office hours)

Module on Comparative Corporate Governance:
Professor Charles M. Yablon (Benjamin N. Cardozo School of Law)
 

Course description:  
The course aims at introducing students to comparative methodology and conducting, in the first part, a comparative analysis of some key institutions of private law (contract and torts), with special focus both on the common law/civil law convergence and distinctions and on the process of Europeanisation of private law. The second part of the course will be devoted to analysing key issues in Comparative Corporate Governance and will be taught by Professor Charles M. Yablon, Professor of Law at the Benjamin N. Cardozo School of Law and Faculty Director of the Cardozo Data Law Initiative.
The following topics will be covered in the course:
Introduction to private comparative law – Contract law in the civil law and common law traditions – Principles of tort law and relevant case law in some of the main traditions of civil law (France, Germany, and Italy) and common law (UK and USA) – Comparative Corporate Governance.

Course Learning Objectives

• To introduce students to important aspects of foreign law;
• To introduce students to the comparative methodology in the study of law;
• To provide, through the study of foreign law, a better understanding of national law;
• To develop tools whereby students may identify relevant issues of comparative law and know-how to begin analysing and researching them, and may approach normative, jurisprudential and doctrinal sources of foreign law;
• To develop critical skills of analysis and interpretation in relation to comparative methodology and foreign law.
   

Course Learning Activities
The course consists of lectures on the main subjects of private comparative law followed by presentations and seminars that are meant to support the lectures and encourage interactive student participation.


Assessment tools
Student evaluation will be based on class work, class participation, presentations given
during the semester, and a final written exam.

Attendance policy
Class attendance is compulsory.

Course textbook(s)
A selection of readings from various sources will be used, including:

For Contracts: H. Beale, B. Fauvarque-Cosson, J. Rutgers, D. Tallon, S. Vogenauer, Cases, Materials and Text on Contract Law, 2nd ed., Hart Publishing, 2010 (Chapters 2-5-9-20-23)

For Torts:  M. Bussani, A. J. Sebok, Comparative Tort Law- Global Perspectives, Elgar Publishing
                  2015 (Chapters 2- 9- 10 -13)

For Comparative Corporate Governance: materials and readings will be specified before the beginning of the course.

Plus various cases as noted in the class schedule, below.

Supporting / Recommended course reading material
     Non-compulsory selected readings will be recommended during the course for specific topics


Draft Course Schedule 
(please note this is a draft version: topics/activities may be subject to modifications)

Class	Topic and/or Activity
1. Thurs 1/3	Introduction: private comparative   law & its methodology
2. Fri 2/3	Private comparative law & EU private law
3. Wed 7/3	Contract law- theories & foundations in a comparative perspective (Chapter 2 Beale et al, Cases, Materials and Text on Contract law)
4. Thurs 8/3	Foundations & requirements of contract- cause, consideration, validity, form (Chapter 5- Beale et al CMTCL)
5. Fri 9/3	Contracts – cases/student presentation Intention to create legal relations: 1. Court of Appeals Hertogenbosch, 22 Jan.2008; 2. Cass. Com.,15 Feb 1961 3. Court of Appeal, Kleinwort Benson Ltd. v. Malaysia Mining Corp. Bhd., 1989 (p.352) Cause, consideration, validity: 1. Cass. Com. 22 October 1996 2. Cass. Civ. 3 July 1996   3.Court of Appeal Carlill v. Carbolic Smoke Ball Co. 1893 4. Queen’s Bench Division, Central London Property Trust Ltd. v. High Trees House Ltd., 1947 5. Court of Appeal, Crabb v. Arun District Council, 1976 6.ECJ Case 43/75 Defrenne v. Sabena, 1976
6. Wed 14/3	Issues of pre-contractual liability (Chapter 9 Beale et al. CMTCL)
7. Thurs 15/3	Formation and interpretation of contract
8. Fri 16/3	Contracts- cases/student presentation: Pre-contractual liability: 1. House of Lords, Walford v. Miles 1992 2. Cour de cassation, Comm. 26 November 2003 3. Cass. Comm. 20 March 1972 4.High Court of Australia Walton Stores (Interstate) Ltd v. Maher 1987 5.Supreme Court of Wisconsin, Hoffman v. Red Owl Stores Inc., 1965 6. Cass. It., 12 March 1993   7. Hoge Raad 18 June 1982 Formation: 1. Court of Appeal Butler Machine Tool Co. Ltd. V. Ex-cell-O Corpn Ltd. 1979 (P. 305 CASEBOOK);   2. ECJ Case C-423/97, Travel-Vac v. Sanchis, 1999
9. Wed 21/3	Non-performance- remedies for breach of contract (Chapter 20 Beale et al. CMTCL)
10. Thurs 22/3	Supervening events- impossibility and hardship (Chapter 23 Beale et al. CMTCL)
11. Fri 23/3	Contracts – cases/student presentation Termination: 1.Cass. Civ. 1re 28 April 1987; 2. Court of Appeal Hong Kong Fir Shipping Co Ltd. v. Kawasaki Kisen Kaisha 1962 Damages recoverable: 3. Court of Exchequer, Hadley v. Baxendale 1854 4. ECJ, C-168/00 Simone Leitner v. TUI Deutschland GmbH & Co KG 2002 Impossibility, frustration, hardship: 1.Cass. civ. 1re, 9 March 1994 2.OLG Düsseldorf, 30 December 1964 3.Queen’s Bench Taylor v. Caldwell 1863; 4. Court of Appeal, Krell v. Henry 1902; 5. Court of Appeal, Herne Bay Steam Boat Co. v. Hutton, 1903; 6. Court of Appeal, Ocean Tramp Tankers Corp v VO Sovracht, The Eugenia, 1964
12. Wed 28/3	Introduction to tort law (history, models, functions)   (Chapter 2 Bussani-Sebok, Comparative Tort Law)
13. Thurs 29/3	Models of tort: the civil law/common law traditions   (Chapter 9 Bussani-Sebok, CTL)
14. Wed 4/4	Negligence and Strict Liability in torts   (Chapter 10 Bussani-Sebok, CTL)
15. Thurs 5/4	Causation in tort law (Chapter 13 Bussani- Sebok, CTL)
16. Fri 6/4.	Torts - Cases /Student presentation Relations between contracts and torts: 1. House of Lords Donoghue v. Stevenson,1932 2. RG, 7 Dec.1911 3. Court of Appeal, Ward v Tesco Stores Ltd., 1976 4. Cass. Civ.11 January 1989 Causation: 1. House of Lords, Fairchild v. Glenhaven Funeral Services Ltd, 2002                 2. Supreme Court of California, Sindell v. Abbott Laboratories, 1980 3. BGH, 2 July 1991 4. Privy Council, Overseas Tankship Ltd. v. Morts Dock & Engineering Co. Ltd., 1961 5. House of Lords, Hughes v. Lord Advocate, 1963
17. Wed 11/4	Pure Economic Loss & Non Economic Loss
18. Thurs 12/4	Insurance and other compensation schemes & their relation to tort law
19. Fri 13/4	Torts  - Cases /student presentation Strict liability: 1. BGH, 15 October 1970 2. Cass. Ch. réun., 13 February 1930   3. House of Lords, Read v. J. Lyons & Co. Ltd., 1947 Scope of liability: 4. Court of Appeal, Spartan Steel v. Martin, [1973] QB 27 5.BGH 9 Dec 1958 6.Cass.Civ. 2e 8 May 1970 7. Corte di Cassazione 26 January 1971 8. House of Lords, Alcock v. Chief Constable of South Yorkshire Police
20. Wed 18/4	Comparative Corporate Governance- Professor C.M. Yablon
21. Thurs 19/4	Comparative Corporate Governance- Professor C.M. Yablon
22. Fri 20/4	Comparative Corporate Governance -Professor C.M. Yablon
23. Thurs 26/4	Comparative Corporate Governance - Professor C.M. Yablon
24. Fri 27/4	Comparative Corporate Governance- Professor C.M. Yablon
25. Wed 2/5	Comparative Corporate Governance-  Professor C.M. Yablon
26. Thurs 3/5	Comparative Corporate Governance – Professor C.M. Yablon
27. Fri 4/5	Torts- Cases/student presentation 1. House of Lords, Macfarlane v. Tayside health  Board 2. Hoge Raad 21 February 1997 3.Cass Civ 16 July 1991 4. Cass. 25 June 1991 5. Conseil d’Etat 27 September 1989 6. Cass. Civ. 26 March 1996
28. Wed 9/5	Overview & final revision for the exam

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