HUK312


Course Title Course Code Program Level
Contract Law (English) HUK312 Law B.A. / B.Sc.

Course Term
(Course Semester)
Teaching and Learning Methods
Credits
Theory Practice Lab Projects/Field Work Seminars/Workshops Other Total Credits ECTS Credits
06
(Spring)
14x2 28 2 3

Teaching Staff Mustafa Bozcaadalı
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