| Teaching Staff
|
Prof.Dr. Şebnem AKİPEK |
| Language of Instruction |
İngilizce (English) |
| Type Of Course |
Elective |
| Prerequisites |
- |
| Recommended Optional Programme Component |
It is recommended that the course “Law of Obligations- General Provisions” has been achieved. |
| Course Objectives |
Learning main principles, sources, concepts and institutions of contract law, especially thinking about interpretation of contracts, limits of freedom of contract, legal rules on
performance, and consequences of non-performance of the obligations arising from the contract |
| Course Content |
Sources of contract law, formation of the contract, legal capacity of the parties, formalities, interpretation of contracts, representation, freedom of contract, validity of contracts, unfair contracts, general conditions of business, mistake, deceit, duress, performance and damages for non-performance, termination of the contract, assignment. |
| Learning Outcomes (LO) |
1. Having knowledge about terminology, principles and sources of contract law
2. Obtaining the ability to consider main concepts and institutions of contract law
3. Obtaining the ability to distinguish illegality and immorality from defects of consent and mispresentation
4. Obtaining the ability to interpret contracts
5. Having knowledge about performance and damages for non-performance of the obligations arising from the contract |
| Mode of Delivery |
Face to face |
| Course Outline |
| Week |
Topics |
| 1. Week |
Introduction to Contract Law (Kötz, 3-4, Smits, 3-4): Contract law as part of private law, types of contracts, main principles of contract law (Smits, 4-14), contract law in practice (Kötz, 13-15)
|
| 2. Week |
Sources of Contract Law: Agreement, national law, European law, supranational law (CISG etc.), soft law (principles) (eg. DCFR, PECL) (Smits, 16-36)
|
| 3. Week |
Negotiation and Formation of Contracts: The offer, the acceptance, the time of conclusion of the contract (Kötz, 16-34, Smits, 58-60)
Liability for Breaking Off Negotiations (Kötz, 34-41)
|
| 4. Week |
An Element of the Contract: The intention to create legal relations (Smits, 63-68)
Consideration and causa (Smits, 77-79)
|
| 5. Week |
Legal Capacity of the Parties (Kötz, 97-105), Formalities (Smits, 101-117)
|
| 6. Week |
Interpretation of Contracts (Kötz, 106-123)
|
| 7. Week |
The Limits of Contractual Freedom: Illegality and immorality, contracts unduly restricting personal, artistic or economic freedom (Smits, 179-188, Kötz, 154-170)
|
| 8. Week |
Midterm Exam
|
| 9. Week |
Unfair Contracts and the Control of General Conditions of Business (Kötz, 124-139)
|
| 10. Week |
Defects of Consent and Mispresentation: Mistake, Deceit, Duress (Kötz, 171-213, Smits, 159-172)
|
| 11. Week |
Agency and Representation (Kötz, 222-244)
|
| 12. Week |
Performance (Smits, 193-209)
|
| 13. Week |
Damages for Non-performance (Smits, 210-227)
|
| 14. Week |
Termination of the Contract (Smits, 229-242), Assignment (Kötz, 263-284)
|
|
| Assessment |
| |
Percentage(%) |
| Mid-term (%) |
40 |
| Quizes (%) |
|
| Homeworks/Term papers (%) |
|
| Practice (%) |
|
| Labs (%) |
|
| Projects/Field Work (%) |
|
| Seminars/Workshops (%) |
|
| Final (%) |
60 |
| Other (%) |
|
| Total(%) |
100 |
|
| Course Book (s) and/or References |
Kötz, Hein/Flessner, Axel, European Contract Law, Volume I: Formation, Validity, and Content of Contracts, Contract and Third Parties, Hein Kötz, Translated by Tony Weir, Oxford University Press, Oxford 2002.
Smits, Jan M., Contract Law – A Comparative Introduction, Edward Elgar Publishing, Cheltenham Gloucestershire 2014.
|
| Work Placement(s) |
|
| The Relationship between Program Qualifications (PQ) and Course Learning Outcomes (LO) |
| | PQ 1 | PQ2 | PQ3 | PQ4 | PQ5 | PQ6 | PQ7 | PQ8 | PQ 9 | PQ 10 | PQ 11 | PQ 12 | PQ 13 | O1 | 5 | 5 | 4 | 5 | 3 | | 4 | 3 | | | | | 5 | O2 | 5 | 5 | | 5 | | | 5 | 5 | | | | 4 | 5 | O3 | 5 | | | 5 | | | 5 | 5 | | | | 5 | 5 | O4 | 5 | | | 4 | | 4 | 5 | 5 | 3 | 4 | | 4 | 5 | O5 | 4 | 4 | | 5 | | | | 4 | | | | 4 | 5 |
|