30614 - INTRODUCTION TO PRIVATE LAW - MODULE 2 (COMMON LAW)
Department of Law
Course taught in English
Code 30613 Introduction to Private Law - module 1 (Civil Law) and code 30614 Introduction to Private Law - module 2 (Common Law) are respectively the first and the second module of the course code 30612 INTRODUCTION TO PRIVATE LAW
Course Director:
HAO JIANG
HAO JIANG
Mission & Content Summary
MISSION
This is a foundational course in common law private law. Students will extensively study core common law private law subjects such as contracts, torts, and unjust enrichment. Common law refers to the legal traditions where laws are primarily made by judges through precedents. In this course, students will study main private law doctrines in English and American common law. Occasionally, we will also draw comparisons with similar doctrines in civilian jurisdictions such as France, Italy and Germany. The comparative study is carried out through studying similar cases decided in different jurisdictions.
The teaching method will be the Socratic methods as commonly seen in American law schools. Students are required to read assigned cases before each class and be prepared to discuss the facts, doctrinal issues, the reasoning behind the rulings, and other possible arguments in class.
CONTENT SUMMARY
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1. History and Institutions of Common Law
2. Common law contracts ( the bargain principle, battle of forms, pre-contractual liabilities, mistake, fairness, impossibility, change of circumstances, remedies)
3. Common law torts (scope of rights protected including pure economic loss, insults, privacy, liability bases including intention, negligence and strict liability)
4. Common law unjust enrichment |
Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
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Analyze given factual scenarios and spot the correct doctrinal issues. Apply the doctrinal rules to the facts and predict case outcomes. Critically evaluate the inconsistencies between the cases and the tension between doctrines. |
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
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Evaluate the practical differences between common law and civil law. Draft memos predicting the outcome of cases governed by common law. Advise clients on some fundamental issues in common law contract law and torts based on facts. |
Teaching methods
- Lectures
- Guest speaker's talks (in class or in distance)
- Interaction/Gamification
DETAILS
Prof. James Gordley will be the guest speaker for the first three sessions of the semester.
Assessment methods
| Continuous assessment | Partial exams | General exam | |
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x |
ATTENDING AND NOT ATTENDING STUDENTS
The exam will be consisting of 7 multiple choice questions with 1 point each and 4 essay questions with 6 points each.
Teaching materials
ATTENDING AND NOT ATTENDING STUDENTS
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Law of obligations part of J. GORDLEY, H. JIANG, A.T. VON MEHREN, An Introduction to the Comparative Study of Private Law: Readings, cases, materials (2nd edn, CUP 2021). Excerpts from Lon Fuller, Melvin Eisenberg, Mark Gergen, Basic Contract Law (10th edition, West 2018) |
Additional materials will be uploaded to the blackboard
Last change 30/05/2025 14:05