Student guide International Program A.Y. 2009/10

Contract Law, Drafting Techniques
Aim of the course
The course, which can be considered an advanced contract course, will offer a comparative analysis of different approaches to the Law of Contracts and Commercial Transactions in Europe and in the United States.
The course will be taught in an interdisciplinary manner, using the case method, comparative analysis and an economic approach to legal rules. After an introduction to the history, evolution, meaning and theories of comparative law, and after an introduction to the systems or families of law, such as common and civil law, major emphasis will be placed on issues related to contract formation, interpretation, conditions for the excusal of performance, remedies for breach and the limits of contractual freedom. Students will be encouraged to take an active role in class, participate in the critical discussion of cases and work on several issues in small groups. The course is designed to provide students with the intellectual tools needed to understand and evaluate the economic effects of legal rules and contractual provisions in the competitive environment of the global marketplace.
1. Comparative Law;
2. History of Comparative Law;
3. Common Law;
4. Civil Law;
5. Sources of the Law of Contracts in Europe and in the United States of America;
6. The Enforceability of Promises;
7. Causa, Consideration, reliance and the role of formalities;
8. Contract formation: offer and acceptance;
9. Preliminary negotiations;
10. Mistake and misrepresentation: pre-contractual duty to disclose;
11. The notion of breach of contract;
12. Termination and remedies for breach of contract: compensatory damages, punitive damages and penalty clauses;
13. Regulated contracts and consumer protection: the limits of freedom of contract;

In addition to regular classes, the program contemplates a number of lecturers held by distinguished guest speakers.
There will be a written exam at the end of the course. Class participation and group exercises will also count for evaluation purposes. Detailed information on
evaluation criteria will be provided at the beginning of the course.
Reading list
- Beale, H. (ed), Contract Law – Casebooks on the Common Law of Europe, Hart Pub. 2002.
- Calamari, J.D., Perillo, J.M., The Law of Contracts, West Group, 1998 4th ed. Fuller, L. L., Eisenberg, M.A.., Basic Contract Law, West Group, 1996 6th ed.
- Gordley, J. (ed.), The Enforceability of Promises in European Contract Law, Cambridge U.P., 2001.
- Zimmermann, R., Whittaker, S., (eds), Good Faith in European Contract Law, Cambridge U.P., 2000.
- Zweigert K. and Kotz, H., An Introduction to Comparative Law, Clarendon Press Oxford, Last Edition