Docente
Dott.ssa Elisabetta Corapi
Ore di lezione
18 ore
Modalità di svolgimento della prova
-for attending students evaluation will be based on class work, class participation, case presentations given during the semester, and a final written multiple choice and/or open answer examination on the topics covered during the lessons.
-for non-attending students evaluation will be based on a final written or oral examination on contract law and a presentation of a torts law case chosen from the list in the program below.
Obiettivi formativi/
Risultati
di apprendimento
attesi
-At the end of the course, students:
1) will be able to understand most of the key institutions related to contract and torts in common law from a civil lawyer perspective. students gain insight into the nature of contract and torts, the role they play in society and the principles by which they are governed with a special focus both on the common law/civil law convergence and divergences.
2) will be able to reason about the choices that different jurisdictions (especially focused in u.k. and u.s.) make in designing their contract and torts laws.
3) will also be able to apply the different rules to hypothetical and/or real cases and to discuss this application both in class and in a paper.
4) will be able to draft a contract and to make a powerpoint presentation on a torts law case.
Programma
Unit I
– introducing civil law students to common law contract law
– definition
– classification
– the elements of a contract (an introduction)
– the concept of consideration
Unit II
– formation and interpretation of contract
– third party rights
– good faith
– fairness
Unit III
– changes of circumstances during the liftime of a contract
– the death of a contract (discharge; remedies for breach)
Unit IV
– freedom of contract
– the terms
– the clauses
Unit V
-Boilerplate clauses
Unit VI
– introduction to torts law for civil law students
– donoghue vs. stevenson: duty of care in the law of negligence
– monroe v hopkins: defamation
Unit VII
– thompson-schwab and another v costaki and another: private nuisance
– fagan v commissioner of metropolitan police: battery
– viasystems ltd v thermal transfer ltd: vicarious liability
Unit VIII
– hedley byrne & co ltd v heller & partners ltd: duty of care
– caparo industries plc vs dickman: concept of duty of care
– rylands vs fletcher: the strict liability
Unit IX
– legal movie on torts law and discussion in class.
Testi consigliati
For attending students:
selected readings will be given during the course for specific topics.
For non attending students:
– contract law: cartwright, contract law: an introduction to the english law of contract for the civil lawyer, third ed., bloomsbury publishing 2016, part ii only
– torts law: two cases chosen from the present program.
Altre informazioni
Teaching methods:
the course is tailored to stimulate active student participation and tought sharing. during the lessons, these specific activities are foreseen:
a) legal movie and class discussion
b) written class exercises
c) single student presentations