LAWCOMM 455 - Theories of Contract Law

Credit points: 10 points
Offered: First Semester
Contact hours: Lectures – 2 hours per week
Course Coordinator: Dr Arie Rosen
Prerequisites: LAW 231, LAW 241  
Corequisites:
LAW 211, LAW 316      

Course description

How should we approach controversial questions in contract law? Should we aim to set the rule that leads to the most efficient outcome? Should we use contract law to promote other socially desirable ends? Or should we refrain from using contract law for achieving any sort of goal or purpose, simply respecting individual entitlements rooted in freedom and fairness? Different theories offer different answers to these questions, each leading to a unique vision of what contract law is and to different outcomes in actual cases. This course explores the main schools of normative thought in contemporary contract law theory. It will introduce libertarian, liberal and utilitarian visions of contract law, and will consider their  implications in a range of topics, including contract formation, contractual interpretation, and remedies.  

Assessment

  • One short summary essay of no more than 2,500 words (60%)
  • 2 short reaction papers during the semester of no more than 750 words each (30%)
  • Class participation and engagement (10%)