Course Description
This course is aimed at introducing common law and equity to students of civil law jurisdictions. The course will trace the evolution and characteristics of English common law and equity and introduce other features like system of writs, trial by jury and determination of ratio decidendi and obiter dictum in judicial precedent. English law of obligations relating to contracts and torts, common law and equitable remedies, equity and its manifestation in law of trusts will be introduced. It will compare key common law jurisdictions and explore examples of legal transplants and harmonization between common law and civil law legal systems.
Intended Learning Outcomes
CILO-1: Students will be able to discern the unique history and specific role of common law, equity and statutes in the English common law system.
CILO-2: Students will be able to identify the ratio and obiter in a binding judicial precedent and determine the practical significance of statues, system of writs and trial by jury.
CILO-3: Students will be able to distinguish statutory, common law and equitable remedies and assess the scope of English law of obligations related to contracts and trusts.
CILO-4: Students will be able to determine the specific characteristics of equitable principles and its manifestation in English law of trusts.
CILO-5: Students will be able to compare and differentiate key common law jurisdictions and identify specific legal transplants and harmonization of law between common and civil law legal systems.