LA24B
Comparative Law II: Comparative Civil Obligations |
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1. General
Comparative Law I is a prerequisite for this course.
The student must select this course or Public International Law II.
However, a
student may choose both Comparative Law II and Public International
Law II.
2. Course Objective
The general objective of this course is to expose students to the
basic concept of
Law of Obligations in different legal systems.
3. Course Content
i. Legal concepts, Institutions and Substantive Rules
(a) Classification of Law
(b) Property: real, personal, movable, immovable, leases
(c) Possession and Ownership; rights over land
(d) Mortgages and hypothecs
(e) Equitable principles and the Trust mechanism
(f) Civil and Criminal Law
(g) Civil and Commercial Law
ii. Basic Aspects of Obligations
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(a) Contract -
(i) Basic elements
(ii) Consideration and cause, offer and acceptance,
unilateral promises, agreements in principles, parties;
(iii) Termination and remedies, frustration, possibilities of
enforcing performance.
(b) Tortious Responsibility -
(i) Concept of fault, liability for other persons and
things; negligence and contributory negligence and
assumption of risks; abuse of right and misuse of
property, rescuers and voluntary actors
(ii) Strict and vicarious liability.
4. Method of Teaching
This course will be taught as small group Seminars and meet for three
hours per
week.
5. Method of Assessment
Assessment will be of two essay assignments during the semester and
one two
hour examination at the end of each semester. Students will be required
to
answer three questions selected from a total of six questions in each
examination
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