Academic Year/course:
2023/24
8071 - Advanced Master in Legal Sciences
32060 - Contract Law for the Global Economy
Teaching Guide Information
Academic Course:
2023/24
Academic Center:
807 - Masters Centre of the Department of Law
Study:
8071 - Advanced Master in Legal Sciences
Subject:
32060 - Contract Law for the Global Economy
Credits:
4.0
Course:
1
Teaching languages:
| Theory: | Group 1: English |
| Group 2: English |
Teachers:
Mireia Artigot Golobardes, Fernando Luis Gómez Pérez
Teaching Period:
Second Quarter
Schedule:
Presentation
This course aims to provide the tools and analytical techniques to understand the role of contracting and contract law in global business behavior and strategy.
This course addresses general issues of contract law from a law and economics perspective. Contract law issues studied throughout the course have a methodological and abstract perspective without a specific focus on any jurisdiction. References and examples to positive law are provided but this is not a blackletter law course.
The first part of the course focuses on how different legal rules and doctrines of the Law of Contracts affect bargaining, contract formation, performance, and breach of a contract. A number of issues arising from incompleteness of contract and changed circumstances will be addressed.
The second part of the course is devoted to contracting in a number of global business contexts. A list of topics includes: exemption clauses; shareholder agreements, principal-agent problems; and the impact on competition on contract law.
This course is addressed to students interested in learning how to design contract strategies to deal with a wide range of practical and theoretical challenges. In particular, two are its main goals:
- Providing a toolkit for understanding the role of Contract Law, especially European Contract Law in the contracting practices of firms.
- Promoting an analytical approach to legal issues from different perspectives, including law and economics and comparative law.
Associated skills
Microeconomics and game theory tools will be used to analyze the effects of legal rules and doctrines on parties’ behavior, as well as on particular industries and the economy at large.
Course materials include Spanish, European and US case law, legal scholarship in Spanish and English, and some hypotheticals to illustrate different issues. Reading materials will be punctually available on the course Moodle site.
PPT Presentations will be distributed after each session and a draft textbook will also be available.
Learning outcomes
Knowledge
RO1. That the students can apply their knowledge to their work or vocation of a professional form in a professional way and possess the competences which are usually proved by means of the elaboration and defense of arguments and solving the solution of problems within their study area;
Skills
RA15. The student will be able to structure a synthetic and coherent discourse through the sources of information researched,
Competences
RA16. The student will be able to examine the world and its challenges from a global perspective, from the commitment to fundamental rights, social justice, democracy and the environment to acting personally and collectively for planetary well-being and sustainable development.
RA18. The student will be able to learn autonomously through research relating different work proposals that are included in the different courses.
Contents
- Contracting and Contract Law. Economic approach to Contract Law
- Relational contracting and long-term contracts
- Contract formation
- Policing the agreement: defects in consent
- Asymmetric information in contracting and duties to disclose
- Letters of intent and pre-contractual liability
- M&A contracts and R&W
- Breach of contract
- Remedies for breach of contract
- Remedies for breach of contract: Comparative views
- Economic effects of remedies for breach of contract
Sustainable Development Goals
ODS 1 No poverty
ODS 2: Zero hunger
ODS 3: Good health and well-being
ODS 4: Quality education
ODS 5: Gender equality
ODS 6: Clean water and sanitation
ODS 7: Affordable and clean energy
ODS 8: Decent work and economic growth
ODS 9: Industry, innovation and infrastructure
ODS 10: Reduced inequalities
ODS 11: Sustainable cities and communities
ODS 12: Responsible consumption and production
ODS 13: Climate action
ODS 14: Life below water
ODS 15: Life on land
ODS 16: Peace, justice and strong institutions
ODS 17: Aliança pels objectius / Partnerships for the goals
Evaluation and grading system
Grading will be based on two diferent items:
- Assignments will be considered up to 30% of the final grade
- Final short essay dealing with some of the issues discussed during the lectures (at least 70% of the final grade).
- Students will be able to choose the topic of their essay among different alternatives that will be provided in due date.
This final essay will be an open book take-home exam where students will be asked to address and discuss, providing technical legal arguments and illustrations – case law and doctrine – issues and worked in class. The short essay (around 5-6 pages) should provide a sophisticated analysis of the issue ultimately chosen that shows the student’s skills in conducting legal analysis as well as their command of the topics and materials worked on during the course. Oral defense of the final short essay – students will be required to briefly present their final essay and be ready to answer questions on the topic developed in the essay.
In order to pass the class it is necessary to present a genuine and master quality level essay and a successful defense.
Class participation will be considered