Course Catalogue

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Modern Western democracies cannot function as they do without private law doctrine - that is, institutions, rules and principles, etc., which facilitate private ordering, like contract law. Yet what makes for good private law doctrine is the subject of intense disagreement among courts and commentators across many anglophone jurisdictions. On this course, we explore, e.g., the function(s), structure(s), content, effects, and limits, of private law doctrine in anglophone legal systems, and how the law might best be developed. We do this by the examination of specific controversies, longstanding and topical:

1. Within particular areas of the law of persons, property and obligations, e.g., contract law or trusts; and

2. About matters cutting across more than one area of the law of persons, property and obligations, e.g., fiduciary duties, the impact of statute, or the pursuit of policy goals such as coherence.

Throughout, our underlying concerns are whether the private law which we consider is rational and just and why; if not, why not, and what can be done about it. Emphasis will be on issues affecting both Scots and English law, with additional reference to other major jurisdictions in the anglophone world, such as Australia, Canada, Singapore, and South Africa.

Ten two-hour seminars.

This course is only available to LLB students.

None.

None.

1. A 1,500 word assignment, worth 25% of students' total mark for the course; and

2. A 3,500 word assignment, worth 75% of students' total mark for the course.

Reassessments are normally available for all courses, except those which contribute to the Honours classification. Where, exceptionally, reassessment on Honours courses is required to satisfy professional/accreditation requirements, only the overall course grade achieved at the first attempt will contribute to the Honours classification. For non-Honours courses, students are offered reassessment in all or any of the components of assessment if the satisfactory (threshold) grade for the overall course is not achieved at the first attempt. This is normally grade D3 for undergraduate students and grade C3 for postgraduate students. Exceptionally it may not be possible to offer reassessment of some coursework items, in which case the mark achieved at the first attempt will be counted towards the final course grade. Any such exceptions for this course are described below. 

1. Provide the opportunity for students to develop their knowledge and understanding, gained earlier in their studies, of private law subjects which form part of the general backdrop to much of legal practice, particularly in the commercial field;

2. Introduce students to debates about private law doctrine in anglophone legal systems;

3. Help students to understand and think deeply about debates in the private law doctrine of anglophone legal systems, in a manner transferrable to law newly encountered after their studies; and

4. Support students critically to discuss and evaluate for themselves debates in the private law doctrine of anglophone legal systems, in a manner transferrable to law newly encountered after their studies. 

By the end of this course students will be able:

1. Proficiently to locate, and accurately to explain and synthesise, complex source material about private law doctrine in anglophone legal systems;

2. Critically to analyse and evaluate private law doctrine in anglophone legal systems; and

3. Independently to construct valid, plausible arguments about private law doctrine in anglophone legal systems.

Students must submit at least 75% by weight of the components of the course's summative assessment.