Course title in Estonian
Tsiviilõigus I: lepinguliste ja lepinguväliste võlasuhete seadus
Course title in English
Civil Law I: Law of Contractual and Non-Contractual Obligations
approximate amount of contact lessons
lecturer of 2018/2019 Spring semester
Steffen Schlinker (inglise keel)
lecturer of 2019/2020 Autumn semester
lecturer not assigned
¤ Provide an overview of the theory of the law of contractual obligations and the law of non-contractual obligations (Torts) and the fundamental principles of among other things, the signing of contracts, obligations, liabilities, and remedies for breach application, termination of contracts, liability, strict liability, causation, intentional and unintentional torts, compensatory damages and punitive damages.
¤To develop a theoretical basis for analyzing legal norms to resolve theoretical and practical problems.
Brief description of the course
This course examines the law of obligations by explaining what a contract is and the various contract types. This course in comparative in nature connecting contractual norms in common legal systems and civil legal systems, noting the approaches used in different legal systems in the law of contractual obligations. Key elements to most contracts are covered, along with an explanation of how law governs contractual activity. Topics discussed include enforcement and dispute resolution options, and the critical requirements of a contract. This course will also examine unfair and improper contracts that could be challenged; focus on contract termination, covering breach, voiding and rescission claims; and provide details on special contract situations, including real estate, financing and social contracts. This course also examines non-contractual obligations (tort law) in a comparative nature connecting non-contractual obligations (torts) in common legal systems and civil legal systems. Key elements in non-contractual obligations (torts) are covered, including causation, liability, strict liability, intentional and unintentional torts, and damages.
Compulsory reading assignments including case briefs, legislation and scholarly articles to be read before lectures and seminars, as assigned by the lecturer and detailed in the course program.
Other tasks may include case analysis, written seminar papers, presentations, independent or group work as detailed in the course program.
Learning outcomes in the course
After a successful completion of the course, a student will:
¤ Know and apply the law of contractual obligations and non-contractual obligations (torts) in common legal systems and in civil legal systems, the basic concepts, basic principles, theories, trends and current issues.
¤ Be able to analyze legal problems and solve legal cases
One final written exam.
Other methods as detailed by the lecturer in the course program, including individual or group problem solving exercises, case presentations/analysis, a term or scholarly paper, and attendance and participation in seminar discussions.
Contract Law: A Comparative Introduction. Smits, Jan M. Edward Elgar Publishing Inc. Northampton, MA USA. 2014
Comparative Contract Law: Cases, Materials, and Exercises. Graziano, Thomas K. Palgave Macmillan Inc. New York, NY USA. 2009
European Tort Law. Van Dam, Cees. Oxford University Press. Oxford, UK. 2013
Global Issues in Tort Law. Davies, Julie A., Hayden, Paul T. Thomson West. St. Paul, MN USA 2008