LAW4154

Modern european civil codes 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Associate Professor Judd Epstein

Offered:
Not offered in 2005.

Synopsis: The relationship of the codes, legislation and judicial decision making. Topics from the law of tort including liability arising from damage caused by things in custody, from dangerous activities and from the use of the automobile. Product liability. An example from contract/tort - letters of comfort. Research on civilian methodology in an area of choice.

Objectives: This subject exposes students to the major legislative accomplishment of modern continental legal systems - the civil code. Students will read and analyse, in translation, extracts from the civil codes of Italy, France and Germany, cases - both at first instance and on appeal - as well as constitutions and ordinary legislation. Students who successfully complete the subject should (1) comprehend the importance of, and character of, a code; (2) become acquainted with the methodology of judges and lawyers whose systems are based upon codes; and (3) acquire a comparative perspective on selected substantive law areas, eg tort.

Assessment: Research paper (4000 words): 50% + Examination (2 hours writing time plus 30 minutes reading and noting time): 50% OR Research paper (4000 words): 50% + Oral discussion: 50%

Prerequisites: LAW1100 Legal process OR LAW1101 Introduction to legal reasoning and LAW1102 Law in society

Corequisites: LAW2100 Contract OR LAW2101 Contract A and LAW2102 Contract B; LAW2200 Torts OR LAW2201 Torts A and LAW2202 Torts B