Professor Michael Bridge, NAB 6.21 and Dr. Jan Kleinheisterkamp, NAB 7.34

LLM only.

This course is capped at 30 students. Students must apply through Graduate Course Choice on LSEforYou.

LL4K6 International Uniform Sales Law or equivalent course in previous studies; firm knowledge in contract law.

The course treats what can be called the general part of transnational contract law, i.e. the general principles of law which are of relevance in any kind of international contract, be it sale, construction, shipping, financing, or joint venture. These general principles relate to contractual formation and negotiations, interpretation, transversal general principles, changed circumstances and hardship, agency, third parties, assignment, self-help and set-off, direct performance and damages and penalties. At present, such contracts are governed either by uniform rules of international conventions or by the national laws applicable by virtue of conflict of law rules. The course puts the existing national and international solutions in a comparative perspective so as to work with the sources of such generally accepted principles. Where there are divergences between existing solutions, the course focuses on the elaboration of new efficient solutions that are internationally acceptable and have the potential of becoming general principles in the future. For these purposes, special attention is given to the UNIDROIT Principles on International Commercial Contracts and, where appropriate, the European Principles of Contract Law. Other national laws, however, are drawn upon from time to time. Students are also encouraged, in both classes and examination, to reflect upon the similarities and differences between their own national laws and the UNIDROIT Principles.

10 x 2 hour seminars in the LT and two hours of revision in ST.

Group presentations and one essay of 2,500 words.

S. Vogenauer & J. Kleinheisterkamp, Commentary on the UNIDROIT Principles of International Commercial Contracts (OUP 2009); H. Kötz, European Contract Law (OUP 1997); K. Zweigert & H. Kötz, An Introduction to Comparative Law (3rd edn, OUP 1998); H. Beale et al., Ius Commune Casebook on the Common Law of Europe: Cases Materials and Text on Contract Law (OUP 2010).

One two-hour exam in the ST (100%)