Details

This course introduces international students to the central themes of American contract law. Special attention is paid to those aspects of contract law that distinguish the American legal system from civil law regimes. We will see that legal systems often reach similar results, but through substantially different concepts and doctrines. The course will be taught in an interdisciplinary way, using the case method, a comparative approach, and an economic analysis of legal rules. The doctrines we will study include those in the first-year J.D. course in contracts, such as contract formation, interpretation, charitable promises, excuses for nonperformance, damages, specific performance, remedies for breach, liquidated damages, and the statute of frauds. We will consider contract-drafting styles, examine initiatives to unify contract law (especially the UN Convention on Contracts for the International Sale of Goods), and, if time permits, the role of international commercial arbitration. Attendance at the first class is required to hold your place in the course. Course materials will include mostly judicial opinions and a few law review articles. Grades will be based on a mid-term examination and your choice of either a take-home final examination or a paper on a subject related to the main concerns of the course (but to be discussed with me beforehand). Good class participation will incrementally bump up a grade.