AN INTRODUCTION TO ENGLISH LAW
September 28, 2009-December 14, 2009
Professor Andrew Hehir
Objectives of the Course:
The course is to provide an introduction to the foundations of the English legal system and English law for students and lawyers of jurisdictions other than England. Students will start by covering the English legal system, including how it started, and continues, to develop; how laws are passed; and what an English lawyer is. They will then focus on the fundamental areas of English law in a commercial context, contracts and companies (including their insolvency), before considering the English court system and the resolution of disputes (including by arbitration). In addition, other areas such as torts and trusts, and some English law concepts that may also be of interest to students will be covered. The course will count for 2 credits to the LL. M. degree.
Prerequisites:
To be admitted to the course, students must be admitted to the Pericles LL.M. program or have the permission of the professor. Students must be at the advanced English level.
Course Length:
30 in-class academic hours (24 clock hours), over a 12 week duration. Students will have to complete an estimated 50-70 hours of homework assignments over the duration of the semester.
Tentative Schedule:
Sessions 1 & 2
English Legal System
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Introduction and course rules. Origins of the English legal system and common law. How laws are passed in England. How precedent is also a "source" of law. How the English legal profession is organised and how you can become one of the many types of English "lawyer".
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Sessions 3 & 4
Contracts
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Basic principles to form a contract. The terms of a contract (including if it is a warranty or a condition). The different types of breach of contract and the consequences thereof. Different types of contract, both generally and by considering some specific classifications.
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Session 5 Torts
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A duty of care. Some examples of torts (negligence, nuisance, misrepresentation, economic torts).
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Session 6 Remedies and Damages
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Remedies for a breach of contract or after a tort has been committed, including equitable remedies. The different tests for (or measures of) damages.
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Sessions 7 & 8
Companies
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Basic company and foundation. Different forms of company. Directors and shareholders, including rights and duties. Insolvency.
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Session 9 Contract and corporate law
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Additional areas of interest arising from the feedback on the 4 sessions on Contracts and Companies and a case study.
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Session 10 Trusts
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What is a trust? Splitting legal and beneficial ownership. Trustee. Position in insolvency. The role of Security Trustee.
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Session 11
Court system and resolution of disputes
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Explanation of the English court system, including the appeals process. Enforcement, including reciprocal enforcement of the judgments of the courts in other jurisdictions. Arbitration. Ad hoc or within a forum? Different rules and forums. 1958 New York Convention.
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Session 12
Special concepts, round up and exam tips
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Requested topics of interest to students. (Examples of such topics: Liquidated damages versus a penalty. Remedies for a breach of representation in a sale and purchase agreement. Security/guarantees. Term sheets/MOU's. Side letters.)
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Preparation for Session One
Students will be expected to introduce themselves (who they are, what they do, what stage they are at in their Pericles career etc) and should therefore be prepared to speak for a minute or two on this. There will also be an open floor element where students are expected to explain what interests them about English law, why they chose the course, what they hope to get out of the course, what is of particular interest to them (even if it is not set out in the tentative schedule set out above, although with no promises on my part that I will cover everything asked for). Students should therefore also consider this prior to the session so they can contribute.
