KDEC 5075 - Introduction to contract law

Patricia PETERSON : This introductory course on contract law will focus upon English law, but where time permits reference will be made to developments in contract law in other jurisdictions and to uniform principles, such as the Principles of European Contract Law and the UNIDROIT Principles. The course will cover the basic notions of contract law, such as formation of contracts, contractual terms, grounds for setting aside contracts, remedies for breach of contract and third party rights. Additional topics will include the interpretation of contracts and the extent to which the concept of good faith is recognized in common law systems.

Marco TORSELLO : This course provides an introduction to the law of contracts from a comparative and transnational perspective. It focuses on the function of contract law, the challenges and strategies of drafting contract terms, and the function and interaction of suppletive and mandatory contract rules. The traditional divide will be presented, between the civil law approach based on primacy of the legislative formant and the common law approach based on primacy of judge-made law. Other legal traditions will also be considered. The course will also deal with the challenge of negotiating contracts in a cross-border environment, and discuss the role of supranational sources of contract law, including international conventions, such as the Vienna Sales Convention, and supranational soft law instruments, such as the UNIDROIT Principles of International Commercial Contracts. Basic areas and notions of contract law will be discussed, including the formation and interpretation of contracts, their validity, lawfulness and fairness, performance and non-performance of contracts, remedies for breach of contracts, and exemptions.

Patricia PETERSON,Marco TORSELLO

Séminaire

English

Students will receive a weekly reading assignment to be completed in advance of each class, consisting of extracts of cases and other materials from the casebook. The course requires a substantial investment in preparation time prior to each class.

Autumn 2025-2026

Patricia Peterson : The exam consists of 4 questions to be answered in a 4-hour time period. Normally there is one essay question and three problem questions (cas pratique). Closed book.
Marco Torsello : The exam, to be completed in a 4-hour time period, consists of 24 multiple-choice questions and 2 essay questions. One essay question will be on the theory and function of contract law, and one essay question will be case-based. Preparation for class and active class participation will be taken into account in the final assessment and grading.

Patricia Peterson : The course is taught using the common law case method, involving the study of the leading precedents relating to each area of contract law covered during the course. Students are expected to give one case presentation during the term and to participate in class discussions.
Marco Torsello :The course is taught using a Socratic method, covering the different areas of contract law moving from the discussion of practical cases. Students are expected to participate regularly in class discussions and to give one case presentation during the term.