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Course 2023-2024 a.y.

30614 - INTRODUCTION TO PRIVATE LAW - MODULE 2 (COMMON LAW)

BGL
Department of Law

Course taught in English

Go to class group/s: 28

BGL (9 credits - I sem. - OB  |  IUS/02)
Course Director:
HAO JIANG

Classes: 28 (I sem.)
Instructors:
Class 28: HAO JIANG


Synchronous Blended: Lezioni erogate in modalità sincrona in aula (max 1 ora per credito online sincrona)

Mission & Content Summary
MISSION

This is a foundational course in common law private law. Students will extensively study core common law private law subjects such as contracts, torts, and unjust enrichment. Common law refers to the legal traditions where laws are primarily made by judges through precedents. In this course, students will study main private law doctrines in English and American common law. We will also draw comparison with similar doctrines in civilian jurisdictions such as France, Italy and Germany. The comparative study is carried out through studying similar cases decided in different jurisdictions. The teaching method will be the Socratic methods as commonly seen in American Law Schools. Students are required to read assigned cases before each class and be prepared to discuss the facts, doctrinal issues, the reasoning behind the rulings, and other possible arguments in class.

CONTENT SUMMARY

1.History and Institutions of Common Law

2.Legal Reasoning 

3. Common law contracts ( the bargain principle, battle of forms, pre-contractual liabilities, mistake, fairness, impossibility, change of circumstances, remedies)

 

4. Common law torts (scope of rights protected including pure economic loss, insults, privacy, liability bases including intention, negligence and strict liability)

 

5. Common law unjust enrichment 


Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...

Analyze given factual scenarios and spot the correct doctrinal issues.

Apply the doctrinal rules to the facts and predict case outcomes.

Critically evaluate the inconsistencies between the cases and the tension between doctrines. 

APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...

Evaluate the practical differences between common law and civil law.

Draft memos predicting the outcome of cases governed by common law. 

Advise clients on some fundamental issues in common law contract law and torts based on facts.


Teaching methods
  • Face-to-face lectures
  • Guest speaker's talks (in class or in distance)
  • Individual assignments
DETAILS

Students are required to write a research-focused writing assignment based on either a doctrinal research question or a factual scenario. This should be a paper that is logically coherent, supported by scientific sources and, preferably, challenges the prevailing views. 


Assessment methods
  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
  •     x
  • Individual assignment (report, exercise, presentation, project work etc.)
  • x    
    ATTENDING AND NOT ATTENDING STUDENTS

    There is one open-book general exam at the end of the semester. There will be three open-ended questions each worth 8 points and seven multiple choice questions each worth 1 point. Students can bring in any books and notes but will not have access to internet during the exam. 

     

    In addition, students may earn up to 3 points for a writing assignment and up to 3 points for actively participating in class discussions. 


    Teaching materials
    ATTENDING AND NOT ATTENDING STUDENTS

    Law of obligations part of J. GORDLEY, H. JIANG, A.T. VON MEHREN, An Introduction to the Comparative Study of Private Law: Readings, cases, materials (2nd edn, CUP 2021).

    Excerpts from Lon Fuller, Melvin Eisenberg, Mark Gergen, Basic Contract Law (10th edition, West 2018) 

    Additional materials will be uploaded to the blackboard

    Last change 13/07/2023 16:05