Private Law 1 PDF - Contract Law Lecture 1

PRIVATE LAW 1 WEEK 1 CONTRACT LAW LECTURE: Introduction Sam Thyroff-Kohl LLM 2 short title presentation - customize via footnote 3 short title presentation - customize via footnote 4 short title presentation - customize via footnote Teaching Team [email protected] [email protected] a...

PRIVATE LAW 1 WEEK 1 CONTRACT LAW LECTURE: Introduction Sam Thyroff-Kohl LLM 2 short title presentation - customize via footnote 3 short title presentation - customize via footnote 4 short title presentation - customize via footnote Teaching Team [email protected] [email protected] [email protected] [email protected]  Comparative approach Different jurisdictions approach law differently. They have different laws, case law and interpretations. As you are studying International & European Law we will focus on the most relevant European jurisdictions that have an international influence. While there are many similarities, there are also differences which we will study, hence we will use a comparative approach. Throughout the module we will rely on ENG, DE & FR law. 6  English law Refers to the law applicable in England & Wales. Often chosen as the choice of law due to historical relevance, as well as commercial reasons. Often seen as “pro-business” and pragmatic due to judge-made law. Most relevant legal sources: Court judgments and Statutes 7 8  German law The BGB (Buergerliches Gesetzbuch) has influenced private law in many other civil law countries, including NL, JP, CN, KR, GR, and PT. Some of the vague norms of BGB give judges more flexibility in interpreting and applying the law. 9  French law The French Civil Code (Napoleonic Code) is one of the most influential legal texts in history. The Code Civil has helped shape numerous European countries, Latin American countries and also parts of North America. 10  LOs Contract Law Summarize stages in a contract's lifecycle: Formation, Vitiating Elements, Discharge, and Remedies from Common Law and Civil Law perspectives. Identify key principles and rules of contract law in both systems. Advise on a contract case using both perspectives. Tort Law Describe core concepts of tort law from Common Law and Civil Law perspectives. Identify key principles and rules of tort law in both systems. Advise on a tort case using both perspectives. Property Law Apply principles and rules of property law in Civil and Common Law systems. Identify key principles and rules of property law in both systems. Advise on a property law case using both perspectives. 11 Now, what is private law? 12  Sarah’s story Sarah is a 1st year law student. She is unaware that she is a subject of private law relations. Now let’s look at her daily life. 13 short title presentation - customize via footnote  Sarah’s diary 1) Go to buy groceries 2) Go to Swapfiets to get a subscription 3) Play football with friends (end up breaking a window) 4) Study while listening to Spotify 5) Her studies are not going well so she meets with family members to discuss inheritance 6) Return the washing machine to Blokker due to a defect within the warranty period 14 short title presentation - customize via footnote  Sarah’s diary broken down 1) Contract law 2) Contract law with property law elements 3) Tort law 4) Contract law + Intellectual property law 5) Inheritance law 6) Contract law with property law elements 15 short title presentation - customize via footnote 16 short title presentation - customize via footnote  What is private law? Essentially, private law governs all relationships between individuals or legal persons. We are all subjects of private law. 17  Private law vs public law Private law governs relationships between individuals and entities. Think of B2B, C2C & B2C. Public law governs relationships not only between States but also between individuals and States. 18 19 short title presentation - customize via footnote  Area of private law 1: Law of obligations Contract law governs binding agreements and the obligations Law of between parties. It includes their creation, validity, interpretation, obligations (inter partes) termination and enforcement. Law of Tort law deals with civil wrongs (damages) arising out of non- obligations contractual obligations. (inter partes) Property law deals with erga omnes obligations stemming from Law of obligations property rights. Topics included are ownership, possession, creation (erga omnes) and transfer of property rights. 20 What is contract law? A contract is a legally binding agreement that will be enforced by the law. A contract gives rise to obligations between the parties to the contract and the failure to perform these obligations gives the right to a remedy.  Intro to contract law WHY? To facilitate trust Make business work Remedies if natural or legal persons do not stick to their (binding) word Create (legal) certainty 22 short title presentation - customize via footnote  Sources of contract law Contract law includes diverse rules categorized by their origins. Three main sources: Party agreement: Rules made by the contracting parties. Official sources: Rules from national, European, and supranational authorities. Informal rules: Created by non-state organizations and academics. These rules form a 'multi-level' legal system. Lawyers must navigate this system to find the specific rules needed to resolve cases, like when a buyer refuses to pay. 23 short title presentation - customize via footnote  Source: Party agreement Freedom of contract (Party autonomy) Parties are free to decide on the terms of a contract within limits. 24 short title presentation - customize via footnote  Source: Regulation Default rules (rules that parties can deviate from via agreement) Mandatory rules (Domestic & Supranational) 25 short title presentation - customize via footnote  Source: Informal rules Soft law Principles Customs 26 short title presentation - customize via footnote  Starting point: Contract Formation - Overview Offer Acceptance Intention Formality Capacity CONTRACT Lack of vitiating factor  Takeaways What private law is What contract law is Why we need contract law What makes a contract short title presentation - customize via footnote 28  Workshop Read J Spurling Ltd -v- Bradshaw EWCA Civ 3 J Spurling Ltd v Bradshaw EWCA Civ 3 (26 March 1956) (bailii.org) Multiple choice questions to prepare for the MCQ Exam 29 short title presentation - customize via footnote