Common Law

Responsible Institution

Chair of Civil Law and Legal History (Civil Law VII) - Prof. Dr. Bernd Kannowski

Content

Each summer semester, a guest lecturer from our partner institution, the University of Birmingham School of Law, comes to Bayreuth to present interesting aspects of his or her field of expertise in a one week’s block course as a native speaker. At the end of the course an exam can be taken. The course will be credited with 1 SWS for the foreign language competence. In the past years we had Dr. Julian Lonbay (Law of Legal Profession), Dr. Alexsandra Cavoski (Environmental Law), Dr Gulara Vincent (EU Competition Law) and Dr Katharina Möser (Company Law) as guests.

Exam for Fremdsprachenausbildung  § 24 Abs. 2 JAPO possible

Responsible Institution

Chair of African Legal Studies

Content

The module examines contract and torts through the common law system with some comparisons with civil law systems. You will be introduced to the fundamental principles of the subject and an opportunity to acquire a depth of knowledge and an understanding of the legal rules dealing with contract and tort.

Contract law

The module starts with an introduction to the law of contract and examines the development of contract and torts within an historical context. You are then introduced to the elements of a contract and the case law that has provided the legal rules which establish whether or not a contract will be legally enforceable.

You will be introduced to the materials dealing with the legal rules which have identified the obligations placed upon parties within a contract. These obligations (terms) are introduced into a contract and become legally enforceable. You will consider the nature of these terms through specific cases and will develop an understanding of the different types of terms and how the courts and legislation control the use of different terms within consumer and commercial contracts. There is an opportunity for you to engage with the materials by examining the subject through a number of problem solving scenarios whilst drawing upon case law and legislation. This will also provide an opportunity for you to consider alternative arguments through academic materials which have either criticised the legal rules or considered an alternative legal system to rectify any perceived problems.

The latter stages of the contract section of the module deals with issues which may affect the validity of a contract and whether or not it is enforceable. You are then introduced to materials dealing with the discharge of a contract and will also examine the ways in which a contract can come to an end and the possible remedies which are available to the parties when there is a dispute.

Tort law

The second half of this module focuses on tortious obligations such as negligence and personal injury claims. This is a dynamic subject and is constantly growing through case law and the introduction of new legislation. You will be provided with an opportunity to engage with the legal rules and apply them in a problem-solving context.

You will be introduced to the legal rules dealing with psychiatric harm and the case law that has developed this subject area. There will be an opportunity to consider the policy decisions behind some of these cases and for you to formulate a critical opinion.

You will also be introduced to the law of nuisance and occupier’s liability. These are also torts (civil wrongs) which affect individuals and corporate bodies such as companies. The rules that govern these particular torts have developed through case law and legislation which has supplemented this area of the law.

Educational objective

The course objective is to give you an opportunity to gain practical insights of the key elements of the English law of contracts and torts. This objective will be attained through a study of the decided cases, legislation, treaty provisions and academic literature referred to in the course syllabus.

Practical application of the law

Additional benefits obtained through studying this course are the transferable skills both academically and through a practical application of the law. The course will give you the opportunity to address the development of the legal rules dealing with contract and tort law and will provide you with the skills needed for both an academic and employment environment whilst considering the materials and engaging with the activities. For example, you will undertake some short activities which are linked to specific materials and this in turn supports the growth of personal skills such as communication skills, research skills, information technology skills, problem-solving skills.

Requirements

This course does not have prerequisites

Day/Time/E-Learning

(See CM Life)

Workload

In addition to the preparation and follow-up of the course which is due to the interactive character of the course necessary is the class itself 2 hours per week. Additionally, it is possible to take an oral or a written examination.

ECTS

• 3 (participation only)/ 5 (participation and oral or written exam)
• Exam for Fremdsprachenausbildung  § 24 Abs. 2 JAPO possible
• Potential part of International Legal Studies

Responsible Institution

Chair of African Legal Studies

Content

The common law is the body of customary law, based upon judicial decisions and embodied in reports of decided cases, that has been administered by the common law courts of England since the Middle Ages. From it has evolved the type of legal system now found also in the United Kingdom, the United States and in most of the member states of the Commonwealth. The course examines key approaches in common law jurisdictions through the analysis of decided cases. Each topic is framed around a key principle and relevant case authorities. Students investigate the normative development of the precedent in relation to the topic. Class activities include the opportunity to work through mock cases as an exercise in judicial reasoning.

Educational objective

The course provides an overview of the key methods and processes of the English common law. It serves to introduce students to common law techniques including legal reasoning, interpretation and application of precedent.

Practical application of the law

Additional benefits obtained through studying this course are the transferable skills both academically and through a practical application of the law. The course will give you the opportunity to address the development of the legal rules dealing in English common law and will provide you with the skills needed for both an academic and employment environment whilst considering the materials and engaging with the activities. For example, you will undertake some short activities which are linked to specific materials and this in turn supports the growth of personal skills such as communication skills, research skills, information technology skills, problem solving skills.

Requirements

This course does not have prerequisites

Day/Time/E-Learning

(See CM Life)

Workload

In addition to the preparation and follow-up of the course which is due to the interactive character of the course necessary is the class itself 2 hours per week. Additionally, it is possible to take an oral or a written examination.

ECTS

• 3 (participation only)/ 5 (participation and oral or written exam)
• Exam for Fremdsprachenausbildung  § 24 Abs. 2 JAPO possible
• Potential part of International Legal Studies