Spring Semester (March 1 - May 31, 2021)
Course
Private Comparative Law 2021
Prof. Noah Vardi
(Wednesdays 8.30-10; Thursdays 4-5.45; Fridays, 4-5.45)
Course description
The course aims at introducing students to comparative methodology and conducting a comparative analysis of some key institutions of private law (contract and torts), with special focus on the common law/civil law convergence; on the process of Europeanisation of private law; and on some of the key challenges for private law posed by technological developments (e.g. blockchain and smart contracts).
The following topics will be covered in the course:
- An introduction to comparative law, its methodology and functions; comparative law and European private law; the use of comparative law in a globalized legal environment
- Comparative contract law; from the traditional theories of the civil and common law systems to the main challenges posed by crossborder transactions and new technologies; interdisciplinary approaches to contract
- Comparative tort law; the role and function of tort law in contemporary society; protected interests and challenges of tort law
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
During the course the activities will be divided as follows:
- frontal lectures;
-presentations assigned to students that are meant to support the lectures and encourage interactive student participation;
- case simulations
Assessment tools
Student evaluation will be based on class work (class participation, presentations given
during the semester) and on a final written exam.
Attendance policy
Class attendance is compulsory.
Course materials
A selection of readings from various sources will be used. These include:
Module I (introduction):
-G. Samuel, “Comparative law and its methodology”, in D. Watkins, M. Burton (Eds.),
Research Methods in Law, Routledge, 2017, pgs.122-145;
-M. Siems, “New Directions in Comparative Law”, in M. Reimann and R. Zimmermann (Eds.),
The Oxford Handbook of Comparative Law, 2d ed., Oxford University Press, 2018,
pgs.852-873
Module II (contracts):
-B. H. Bix, “Theories of contract law”, in P.G. Monateri (Ed.)
Comparative Contract Law,
Research Handbooks in Comparative Law, Elgar Publishing, 2017, pgs. 7-17;
-H. Kötz, “Comparative Contract Law”, in M. Reimann and R. Zimmermann (Eds.),
The Oxford Handbook of Comparative Law, 2d ed., Oxford University Press, 2018, pgs. 903-931;
-J.H.M. van Erp, “The Pre-Contractual Stage”, in A. Hartkamp, M. Hesselink, E. Hondius et al. (Eds.)
Towards a European Civil Code, 4th.ed., Kluwer Law International, 2011, pgs. 493-513;
-O. Lando, “Non-Performance (Breach) of Contracts” in A. Hartkamp, M. Hesselink, E. Hondius et al. (Eds.)
Towards a European Civil Code, 4th.ed., Kluwer Law International, 2011, pgs. 681-697
Module III (torts):
-M. Bussani, M. Infantino,
“The many cultures of tort liability” in M. Bussani-A. Sebok (Eds.),
Comparative Tort Law- Global Perspectives, Elgar Publishing, 2015, pgs.11-38;
-J. Gordley, “The architecture of the common and civil law of torts: An historical survey” in M. Bussani-A. Sebok (Eds.)
Comparative Tort Law- Global Perspectives, Elgar Publishing, 2015, pgs.173-200
Excerpts of relevant cases will also be provided to students.
Draft Course Schedule
| Date |
Topic |
| 1. Thurs. March 11th |
Introduction to the course;
introduction to comparative law |
| 2. Fri. March 12th |
Methods of private comparative law;
functions, aims, trends |
| 3. Wed. March 17th |
Contract law from a comparative perspective; interdisciplinary approaches to contract |
| 4. Thurs. March 18th |
Theories & functions of contract; evolving notions of contract |
| 5. Fri. March 19th |
Foundations & requirements of contract in different legal systems: consent, cause, consideration, form |
| 6. Wed. March 24th |
Continued: ascertaining the content of contracts |
| 7. Thurs. March 25th |
Illegal & immoral contracts; contracts and personality rights |
| 8. Fri. March 26th |
Class discussion & presentations |
| 9. Wed. March 31st |
Pre-contractual liability: theories and developments in the civil law and common law legal traditions |
| 10. Thurs. April 1st |
Continued: pre-contractual liability; theories of estoppel |
| 11. Wed. April 7th |
Class discussion & presentations |
| 12. Thurs. April 8th |
Non-performance of contract |
| 13. Fri. April 9th |
Continued: remedies for breach of contract |
| 14. Wed. April 14th |
Supervening events- frustration and impossibility |
| 15. Thurs. April 15th |
Continued: hardship |
| 16. Fri. April 16th |
Introduction to blockchain & Smart contracts |
| 17. Wed. April 21st |
The boundaries between contract & tort; case study- medical malpractice |
| 18. Thurs. April 22nd |
Introduction to tort law |
| 19. Fri. April 23rd |
Models of tort law;
common law/civil law tradition;
torts and protected interests |
| 20. Wed. April 28th |
Negligence and strict liability |
| 21. Thurs. April 29th |
continued |
| 22. Fri. 30th |
Class discussion and presentations |
| 23.Wed. May 5th |
Causation |
| 24. Thurs. May 6th |
Pure economic loss |
| 25. Fri. May 7th |
Class discussion and presentations |
| 26. Wed. May 12th |
Product liability |
| 27. Thurs. May 13th |
Torts & alternative schemes of compensation |
| 28. Fri. May 14th |
overview and final revision for the exam |