Ce cours apparaît dans les formations suivantes :
• IÉSEG > Diplôme IÉSEG (Bac +5) Programme Grande École > Semestre 2 > 2,00 ECTS

Pré requis

Interest in acquiring a legal perspective of contracts and their negotiation. Motivation to participate in class and invest time in private study.

Objectifs du cours

At the end of the course, the student should be able to:
Understand how the law of contracts functions in commercial negotiations and relationships in order to negotiate more effectively, to anticipate contract-related problems and to know when and how to liaise with legal counsel. In particular, students should:
Have a practical understanding of the legal system.
Understand the purpose, basic legal elements and terms of a contract and understand how contracts are made.
Be familiar with the legal framework for contracts (for ex: choice of law, CISG/UNIDROIT principles and predefined commercial terms).
Identify an unenforceable contract and understand the legal remedies in the event of a dispute.
Acquire competencies in negotiation and drafting of contracts and be able to avoid pitfalls in contracting.

Contenu du cours

A skilled negotiator must have a solid understanding of contract law, which lies at the heart of all commercial activity. This foundational course will provide students with insight into the key elements of contract law and negotiations so that they can better manage their commercial relationships and projects. Through in-class discussion and case study analysis as well as take-home assignments, students will learn theory and real-life practice.
The course topics will include the legal framework surrounding contracts and the basics thereof such as (i) the formation, performance, breach, termination and interpretation of a contract; (ii) the significance of contract towards the parties thereto and third parties; (iii) the variety of contracts; (iv) the distinction between contracts and quasi-contracts; and (iv) the variety, scope and limitations on remedies. Students will also learn about contract negotiation and drafting, obtaining legal advice and dispute resolution clauses.

Modalités d'enseignement

Organisation du cours

Méthodes pédagogiques

• Cours interactif
• Projet
• Recherche

Évaluation

Students' evaluation includes: 35% based on their class performance (presence, punctuality, participation and preparedness), 50% on a final written exam and 15% on reading and writing assignments.

Bibliographie

• Further suggested readings may be provided during class and via the internet. -