Lectures
Lectures of up to 1½ hours plus facilitated problem discussion
Contract Law for Practitioners
- 1 Offer and Acceptance Communication of offer, acceptance and withdrawal of each -Battle of forms, contracts concluded by post, fax and e-mail. Conflict of laws issues associated with offer and acceptance
- 2 Consideration Issues of practical importance to commercial lawyers - Settlement agreements
- 3 Incorporation of Terms Introduction of terms into contracts - Oral representations, collateral contracts, implied terms
- 4 Uncertainty as to Terms Agreements to agree - Agreements to negotiate and to mediate. Implication of terms. Mistakes as to terms - Effect and remedies. Other mistakes - Identity of subject matter and parties - Non est factum effect and remedies
- 5 Interpretation of Contracts Mannai Investments Co v. Eagle Star and Investors Compensation Scheme v. West Bromwich, Chartbrook v Persimmon
- 6 Misrepresentation Effect on contracts and as a tort - Comparison with negligent misstatement
- 7 Exclusion Clauses Incorporation, Interpretation, Unfair Contract Terms Act 1977, Unfair Terms in Consumer Contracts Regulation 1999. Conflict of laws issues associated with exclusion clauses
- 8 Third parties Privity and Contracts (Rights of Third Parties) Act 1999.
- 9 Other Vitiating Factors Duress, unconscionable bargains, frustration, illegality - Effect and remedies
- 10 Termination Anticipatory breach, termination under contractual provisions and rescission
- 11 Assignment and Novation Contractual and proprietary issues - equitable assignment, statutory assignment, non-assignment clauses and priorities
- 12 Choice of Law in Contract Rome 1 Regulation, Rome Convention and the Contracts (Applicable Law) Act 1990
- 13 Breach of Contract Breach or merely condition for other party's liability? - Has performance obligation arisen? - Lawful excuse from performance - Fault based and strict liability in contract - Anticipatory breach - Rescission for breach and anticipatory breach - Termination under contractual termination clause
- 14 Contract Damages 1 Compensatory principle - Expectation & Reliance loss - Claimant's overall position - - Loss of bargain - Difference in value or cost of cure - Remoteness
- 15 Contract Damages 2 Gain based damages - A-G v Blake - Damages and scope of duty - SAAMCO, Transfield v Mercator
- 16 Frustration Failure of consideration -Frustrated contracts - Law Reform (Frustrated Contracts) Act 1943
Other Obligations Topics for Practitioners
- 17 Restitution Taxonomy - Restitution scholarship and judicial approaches - Work done in anticipation of a contract which does not materialise - Unravelling void contracts - The swaps cases
- 18 Duty of Care in Negligence Donoghue v Stevenson, Hedley Byrne v Heller, Home Office v Dorset Yacht, Anns v Merton, Hill v Chief Constable of West Yorkshire, Caparo v Dickman, White v Jones.
- 19 Causation in Negligence Causation in fact - legal causation - Fairchild v Glenhaven, Reeves v Commissioner of Police, Human Rights Act issues - Gregg v Scott
- 20 Tort Damages Compensatory, aggravated and exemplary damages - Restitutionary measure in tort - General and special damages - Egg-shell skull cases
- 21 Tort Damages Remoteness of damage - The Wagon Mound, Hughes v Lord Advocate - Damages and scope of duty - SAAMCO and Aneco
- 22 Tort Damages Pure economic loss - Damages for losses suffered by third parties
- 23 The Economic Torts 1 Introduction to the economic torts - causing loss by unlawful means - OBG Ltd v Allen
- 24 The Economic Torts 2 Procuring a breach of contract, conspiracy and intimidation
- 25 Choice of law in Tort Rome 2 Regulation
- 26 Equitable Remedies Breach of trust and of fiduciary duty in a commercial context. Tracing in law and in equity
- 27 Equitable Remedies Dishonest assistance in a breach of trust - Knowing receipt of trust property
- 28 Equitable Remedies Rectification, specific performance, rescission
Jurisdiction for Practitioners
- 29 Basics Conflict of laws - Outline of jurisdiction under CPR6, Council Regulation 44/2001, Brussels and Lugano Conventions. Scope of Council Regulation 44/2001
- 30 Jurisdiction under Council Regulation 44/2001 Choice of jurisdiction under Council Regulation 44/2001, the basic rule of domicile based jurisdiction, exclusive jurisdiction.
- 31 Special Jurisdiction Jurisdiction in contract, jurisdiction in tort, lis alibi pendens
- 32 Recognition and Enforcement of Judgments Common law, Regulation 44/2001 and European Enforcement orders.
