Comparative Contracts (LAW517H1S)

Note:  This course satisfies either the Perspective or the International/Comparative/Transnational course requirement.

Note: The Quercus program will be used for this course. 

This course compares the enforcement of promises and agreements in common law (English, US, Canadian) and civil law (mostly French and Quebec) systems, with a view to unearthing possible similarities and differences in both the rules and the reasoning patterns.  International instruments such as the UNIDROIT principles and the Vienna Convention on the International Sale of Goods, which aim to bridge common law-civil law differences and provide internationally uniform sets of rules, will also be considered. The matters discussed include the requirements of enforceability, remedies for breach, the effect of contracts on third parties, the effect of writing, and excuses for non-performance (unfairness, unexpected circumstances, and public policy).