This course will offer a comparative study of contract law of major legal systems and some specific jurisdictions. Select issues studied in a comparative perspective includes general principles of contract, formation, terms, vitiating factors, exemption clauses, performance, breach, remedies and unification measures. Key differences in the common and civil law legal systems and the law governing contracts will be discussed. The course will introduce some international efforts in harmonization of contractual principles and assess diversity in national responses towards emerging contractual practices. A specific focus will be made on contract laws of Macau and Hong Kong SARs and relevant cases.

CILO-1: Students will be able to distinguish major characteristics of contract law and regulation in key jurisdictions that represent diverse legal systems. CILO-2: Students will be able to identify how similar theories and general principles governing contracts manifest distinctly between civil and common law jurisdictions as well as among the same types of legal systems. CILO-3: Students will be able to review major stages in the contract formation and enforcement and determine how entering into contract in specific legal systems and jurisdictions will warrant appropriate measures while entering into contractual relations. CILO-4: Students will be able to identify and appraise the unique features of common law procedures and mechanism like the writs and jury system and point out to certain key differences among common law jurisdictions, and to draft case notes through cases studies of landmark decisions and reconstruct the relevant Ratio decidendi and distinguish it from any obiter dicta.