HANOI LAW UNIVERSITY

COMPARATIVE LAW INSTITUTE

COURSE OUTLINE
COMPARATIVE CONTRACT LAW
(For HLU internal use only)

HANOI - 2021
 HANOI LAW UNIVERSITY
COMPARATIVE LAW INSTITUTE

Training Level: Bachelor of Law

Subject’s Name: Comparative Contract Law
Number of Credit: 02
Type of Subject: Optional

1. COURSE INSTRUCTORS’ INFORMATION

1. Dr. Nguyen Toan Thang– Lecturer, Director, Comparative Law Institute,
HLU
Email: ngthang2002@yahoo.com
2. PhD. Candidate Đo Thi Anh Hong (MBA) – Lecturer, Comparative Law
Institute, HLU
E-mail: anhhongdo22@gmail.com
3. PhD. Candidate Đang Thi Hong Tuyen (LLM) – Lecturer, Comparative
Law Institute
Email: hongtuyenhlu@gmail.com
TEACHING ASSISTANT:
1. Bui Thi Minh Trang (LLM) – Teaching assistant, Comparative Law
Institute
Email: trangbui1203@gmail.com
2. Pham Minh Trang (LLM) – Teaching assistant, Comparative Law Institute
Email: trangpm.hlu@gmail.com
Comparative Law Institute Office:
2
 Rooms: 1501, 1502 and 1407, A Building, Hanoi Law University
No. 87, Nguyen Chi Thanh, Dongda, Hanoi
Tel: 024. 37736090
Working hours: 7h30 - 17h00 every working day (except for Saturday, Sunday
and Public holidays).

2. PREREQUISITES
- Civil Law.

3. COURSE SYLLABUS IN BRIEF

Comparative Contract Law is a subject that equips students with
fundamental knowledge of contract law of different countries that come
from the two major legal traditionsof the world (Civil Law and Common
Law) using comparative approach.
The course consists of two parts: (1) General part (dealing with
fundamentals of Comparative Contract Law; and (2) Detailed part dealing
with all matters from the formation to the termination of a contract.
- The concept of comparative contract law; and objects forcomparison;
- The significance of comparative contract law;
- The formationand requirements for a validcontract;
- Contents, construction andmodification of a contract;
- Performance, breach andtermination of a contract;

4. COURSE SYLLABUS IN DETAILS

Topic 1. An Overview of Comparative Contract Law
1. The Concept of Comparative Contract Law
- Definition and characteristics of Comparative Contract Law
- Objects for comparison
2. The Significance of and Principal Approaches to Comparative Contract
Law
Topic 2. The Formation of a Contract

3
1. General Consideration of the Concept of Contract
2. Elements for the formation of a Contract
Topic 3. Requirements for a Valid Contract
1. Parties’having capacity to make a contract
2. Parties’ will and their declared will being unique
3. Contract’s contents being legal
4. Contract’s form satisfying special requirements
Topic 4. The Contents, Modification and Construction of a Contract
1. Contract Contents
2. Contract Modification
3. Contract Construction
Topic 5. Performance, Breach and Termination of a Contract
1. Contract Performance
2. Breach of a Contract
3. Termination of a Contract

5. DISCIPLINE’S OVERALL OBJECTIVES

5.1. Cognitive Objectives
- K5: In-depth knowledge of civil law in theory and practice;
- K6: In-depth knowledge of economic law in theory and practice;
- K8: In-depth knowledge of international trade and business law in theory
and practice;
- K13: Specialized knowledge of legal English through learning 20% of the
knowledge in the training program in English;
- K16: using legal English for academic and working purposes, dealing
with foreign partners in the legal affairs.
5.2. Skill Objectives
- S17: Skills for searching, analyzing and evaluating accurately the

4
 legislation related to the work;
- S18: Skills for analyzing practical legal cases and Problem - Solving
Skills;
- S25: Presentation and criticism skills;
- S26: Independent work skills;
- S27: Teamwork and team leadership skills;
5.3. Attitude Objectives
- T32: Loyalty to country, Complying with the law and the State’s policies;
- T33: Honesty, goodwill, supporting the innovation, protecting justice;
- T34: Being Confident and looking forward to learn new knowledge,
dedicating the intelligence to serve the country;
- T35: Complying with legal professional ethical standards;

6. COGNITIVE OBJECTIVES

6.1. Cognitive objectives in details

Objective
Issue
Level 1 Level 2 Level 3

1. 1A1. Be able to 1B1. Be able to 1C1. Be able to

understand the analyze the definition explain why
An
overview definition of of Comparative international
Comparative Contract Contract Law. principles,
of
Comparati Law. 1B2. Be able to regulation,
1A2. Be able to distinguish between directives
ve
Contract understand the characteristics of governing
characteristics of Comparative Contract contractual
Law
Comparative Contract Law and those of relations are
Law. Comparative Law. objects for
5
1A3. Be able to 1B3. Be able to comparison.
understand the objects compare between
for comparison. sources of contract law 1C2. Be able to
1A4. Be able to in different legal explain why
understand sources of systems. objects for
contract law in different 1B4. Be able to comparison are not
legal systems. analyze the most only confined to
1A5. Be aware of fundamental principles legal rules and
different roles of of contract law. principles of
international contract 1B5. Be able to contract law.
regulation as a source of differentiate between 1C3. Be able to
domestic contract law general and specific explain the
and as an object for characteristics of significance of
comparison. national contract law. Comparative
1A6. Be able to 1B6. Be able to Contract Law.
understand international analyze different
1C4. Be able to
principles, regulations, contract law doctrines
differentiate
directives governing adopted in different
between roles of
contractual relationships. legal systems.
Comparative
1A7. Be able to 1B7. Be able to
Contract Law.
understand the analyze research
significance of objects and research 1C5. Be able to
Comparative Contract methods of each differentiate
Law. approach to between
1A8. Be able to Comparative Contract approaches to
understand different Law. Comparative
approaches to Contract Law.
Comparative Contract
Law.

6
 2. 2A1. Be able to 2B1. Be able to 2C1. Be able to
understand different compare between evaluate the
The
Formation approaches to defining definitions of contract approaches to
contract in Civil Law in different legal defining contract
of a
Contract and Common Law systems. in Civil Law and
traditions. Common Law
2B2. Be able to
2A2. Be able to differentiate between traditions in
general and in
understand the an offer and an
relevant legal
definition of contract in invitation to treat in
different legal systems. different legal systems. systems in
particular.
2A3. Be able to 2B3. Be able to
understand the principle distinguish between the 2C2. Be able to
of freedom of contract principle of freedom of comment on the
similarities and
in different legal contract adopted in
systems. different legal systems. differences
between offer,
2A4. Understand the 2B4. Be able to
acceptance and
elements that constitute compare between
their related issues
a binding contract in offers and related
adopted in
different legal systems. issues adopted in
2A5. Understand what different legal systems. different legal
systems.
an offer is; how to 2B5. Be able to
2C3. Be able to
revoke an offer; and compare between
duration of an offer in acceptances and related comment on the
differences
different legal systems. issues adopted in
2A6. Understand what different legal systems. between how the
requirements for
an acceptance is; and 2B6. Be able to
how to communicate an compare the certainties the certainty of the
acceptance in different of contract’s terms in terms of the
legal systems. different legal systems. agreement adopted
2A7. Understand the 2B7. Be able to explain in different legal
certainty of the terms of the importance of the systems.
7
 an agreement in intention to create legal 2C4. Be able to
different legal systems. relations in different comment upon the
2A8. Understand the legal systems. different
intention to create legal 2B8. Be able to viewpoints of
relations in different compare between different legal
legal systems. different doctrines systems on the
2A9. Understand the adopted in different intention to create
agreements that do not legal systems. legal relations.
constitute legal relations 2C5. Be able
in different legal toevaluate the
systems. importance of
2A10. Understand the different doctrines
agreements that do adopted in
constitute legal relations different legal
in different legal systems.
systems.
2A11. Understand the
relevantdoctrines
adopted in different
legal systems for the
existence of a contract
being recognized.

3. 3A1. Be able to 3B1. Be able to explain 3C1. Be able to

Requireme understand void and different requirements differentiate
nts for a voidable contracts. for a valid contract. between void and
valid 3A2. Be aware of 3B2. Be able to grasp voidable contract
contract different requirements within a legal
of different types of
system as well as
for a valid contract. limited contractual
between those in
3A3. Be able to capacity in different
different legal
understand different legal systems.
8
contractual capacity 3B3. Be able to systems.
requirements for a valid analyze situations in
contract in different 3C2. Be able to
which people under
legal systems. clarify the
specified age and
3A4. Be able to similarities and
mental illness ones are
understand why duress, differences
bound by the contracts
undue influence, between
they entered into.
misrepresentation and contractual
mistake result in invalid 3B4. Be able to capacity
contracts in different identify the similarities requirements in
legal systems. and differences different legal
3A5. Be able to grasp between vitiating systems.
the requirements on the factors in different 3C3. Be able to
contractual terms for a legal systems. differentiate
valid contract. 3B5. Be able to between contracts
3A6. Be able to distinguish between a being contrary to
understand how a contract contrary to the law and those
contract is contrary to law and that contrary to being contrary to
the law. public policy. public policy in a
3A7. Be able to legal system as
3B6. Be able to
understand what public well as amongst
distinguish between
policy is.
different circumstances different legal
3A8. Be able to
in which a contractual systems.
understand how a
party has no free will 3C4. Be able to
contract is contrary to
while entering a explain vitiating
public policy.
contract in different factors in different
3A9. Be able to
legal systems. legal systems.
understand the
formality requirements 3C5. Be able to
parties having to follow explain why some

9
 to sign a valid contract. certain types of
contract having to
be concluded in
conformity with
formality
requirements in
different legal
systems.
4. 4A1. Be aware of the 4B1.Be able 4C1.Be able to
The
concept of terms of the tounderstand the draw the
Contents
contract reasons to classify differences
,
4A2. Be able to classify terms of the contract. between different
Modifica
4B2. Be able to legal systems with
tion and different terms of the
compare the rules of respect to
Constru contract
law with respect to contractual terms.
ction of 4A3. Be able to
understand the rules in express and implied
a 4C2. Be able to
different legal systems terms in different legal
Contract comment upon
systems. legal rules
with respect to the
4B3. Be able to concerning the
express terms.
explain the importance unfair contract
4A4. Be able to
of contractual terms. terms; and
understand the
significance in different 4B4. Be able to clarify possible lessons
the main similarities for Vietnam.
legal systems with
and differences with
respect to the implied 4C3. Be able to
respect to unfair
terms. comment upon
contract terms in
4A5. Be able to present rules of
different legal systems.
the standard terms of interpretation of
4B5. Be able to explain
the contract in different the contract;
the importance of
legal systems. possible lessons
10
 4A6. Be able to present interpretation of the for Vietnam.
the exclusion clauses contract.
incorporated in the 4B6. Be able to
contract in different
compare the rules of
legal systems.
interpretation of the
4A7. Be able to
contract in different
understand rules in
legal systems.
different legal systems
with respect to the
control of unfair terms.
4A8. Be able to
understand the rules in
different legal systems
with respect to the
modification of the
contract.
4A9. Be able to
understand the nature
and principles of
interpretation of the
contract in different
legal systems.
4A10. Be able to
understand different
methods of
interpretation of the
contract in different
legal systems.
5A1. Be able to 5B1. Be able to
5. 5C1.Be able to
understand the concept explain the importance
Performa draw the
11
 of performance in of performance of the
nce, differences
different legal systems. contract.
breach betweendifferent
5A2. Be able to 5B2. Be able to
and legal systems with
understand the general compare the rules of
terminati respect to
principle of performance of the
on of a performance of
performance in contract in different
contract the contract.
different legal systems. legal systems.
5C2. Be able to
5A3. Be able to present 5B3. Be able to comment upon
the frustration doctrine analyze and clarify the legal rules
in different legal main similarities and concerning the
systems. differences with subsequent
5A4. Be able to present respect to subsequent impossibility of
impossibility of the
the subsequent the contract in
contract in different
impossibility in different legal
different legal systems. legal systems. systems; and
5A5. Be able to present 5B4. Be able to possible lessons
analyze and clarify the for Vietnam.
an actual breach of a
main similarities and
contract in different 5C3. Be able to
differences with
legal systems. comment upon
respect to an actual reasonableness
5A6. Be able to present breach of a contract in
and necessity of
an anticipatory breach different legal systems.
provisions
of a contract in
different legal systems. 5B5. Be able to concerning an
analyze and clarify the anticipatory
5A7. Be able to main similarities and breach of a
understandthe fault in differences with contract in
case of identifying respect to an different legal
liabilities due to a anticipatory breach of systems.
breach of a contract in a contract in different
5C4. Be able to
12
different legal systems. legal systems. explain reasons of
differences
5A8. Be able to present 5B6. Be able to
concerning roles
remedies of a breach of distinguish between
of the fault in case
a contract in different roles of the fault in
of identifying
legal systems. case of identifying
liabilities due to a
liabilities due to a
5A9. Be able to
breach of a contract in breach of a
understand the
different legal systems. contract in
compensation for different legal
damages due to a 5B7. Be able to systems.
breach of a contract in analyze and clarify the
different legal systems. main similarities and 5C5. Be able to
explain reasons of
differences with
5A10. Be able to similarities and
respect to the
understand remedies differences
compensation for
agreed by the parties in concerning
damages due to a
case of a breach of a
breach of a contract in remedies in case
contract in different
different legal systems. of a breach of a
legal systems. contract in
5B8. Be able to different legal
5A11. Be able to
analyze and clarify the systems.
presentthe different
main similarities and
cases of a discharge/ 5C6. Be able to
differences with
termination of a
respect to the penalty comment upon
contract in different remedies in case
due to a breach of a
legal systems. of a breach of a
contract in different
5A12. Be able to contract in
legal systems.
present a termination of different legal
5B9. Be able to systems.
a contract due to a
analyze and clarify the
performance
main similarities and 5C7. Be able to
completion in different comment upon a
13
legal systems. differences with termination of a
respect to remedies contract due to an
5A13. Be able to
present a termination of agreed by the parties in agreement in
case of a breach of a different legal
a contract due to an
agreement in different contract in different systems.
legal systems.
legal systems. 5C8. Be able to
5B10. Be able to comment upon a
5A14. Be able to
present a termination of analyze and clarify the termination of a
main similarities and contract due to a
a contract due to a
breach of a contract in differences with breach of a
different legal systems. respect to a contract in
termination of a different legal
5A15. Be able to contract due to a systems.
present a termination of performance
contract by frustration completion in different 5C9. Be able to
comment upon a
in Common Law and legal systems. termination of
termination of contract
due to force majeure in 5B11. Be able to contract by
analyze and clarify the frustration in
Civil law.
main similarities and Common Law and
differences with termination of
respect to a contract due to
termination of a force majeure in
contract due to an Civil law.
agreement in different 5C10. Be able to
legal systems. explain reasons of
5B12. Be able to similarities and
analyze and clarify the differences
main similarities and concerning a
differences with termination of a
14
 respect to a contract in
termination of a different legal
contract due to a systems.
breach of a contract in
different legal systems.
5B13. Be able to
analyze and clarify the
main similarities and
differences with
respect to a
termination of contract
by frustration in
Common Law and
termination of contract
due to force majeure in
Civil law.
5B14. Be able to
distinguish between
cases and legal effects
of the rescission of
contract in different
legal systems.

6.2. Synthesis of the cognitive objectives

Objectives
Level 1 Level 2 Level 3 Total
Topic

Topic 1 8 7 5 20

15
 Topic 2 11 8 5 24

Topic 3 9 6 5 20

Topic 4 10 6 3 19

Topic 5 15 14 10 39

Total 53 41 28 122

7. THE MATRIX OF COGNITIVE OBJECTIVES MEETING THE

MODULES
Cognitive Standards Skill Standards Attitude Standards
Topic Objectives
K K1 K1 S1 S1 S2 S2 S2 T3 T3 T3 T3
K6 K8 K11
5 3 6 7 8 5 6 7 2 3 4 5

A1.1 X X X X X X X X X

A1.2 X X X X X X X X X

A1.3 X X X X

A1.4 X X X X

A1.5 X X

A1.6 X X

A1.7 X X

A1.8 X X

B1.1 X X X X X X X X X

B1.2 X X X X X X X X X
Topic
1
B1.3 X X X X X X X X X

B1.4 X

B1.5 X X X

B1.6 X X X X X X X X

B1.7 X X X X X X X X X

C1.1 X X X X X X X X X X X

C1.2 X X X X X X X X X X

C1.3 X X X X X X X X X X

C1.4 X X X X X X X X X X

C1.5 X X X X X X X X X X X

16
 A2.1 X X X X X X X X

A2.2 X X X X X X

A2.3 X X X X X

A2.4 X X X X X

A2.5 X X X X X

A2.6 X X X X X

A2.7 X X X X X

A2.8 X X X X X

A2.9 X X X X X

A2.10 X X X X X

A2.11 X X X X X

B2.1 X X X X X X X X X X X
Topic
2
B2.2 X X X X X X X X X X X

B2.3 X X X X X X X X X X X

B2.4 X X X X X X X X X X X

B2.5 X X X X X X X X X X

B2.6 X X X X X X X X X X

B2.7 X X X X X X X X X X

B2.8 X X X X X X X X X X

C2.1 X X X X X X

C2.2 X X X X X X

C2.3 X X X X X X

C2.4 X X X X X X

C2.5 X X X X X X X

A3.1 X X X X

A3.2 X X X X

A3.3 X X X X

A3.4 X X X X

Topic
A3.5 X X X X
3

A3.6 X X X X

A3.7 X X X X

A3.8 X X X X

A3.9 X X X X

17
 B3.1 X X X X X X

B3.2 X X X X X X

B3.3 X X X X X X

B3.4 X X X X X X

B3.5 X X X X X X

B3.6 X X X X X X

C3.1 X X X X x x X X X

C3.2 X X X X x x X X X

C3.3 X X X X x x X X X

C3.4 X X X X x x X X X

C3.5 X X X X x x X X X X

A4.1 X X X X X X X

A4.2 X X X X X X X

A4.3 X X X X X X X

A4.4 X X X X X X X

A4.5 X X X X X X X

A4.6 X X X X X X X

A4.7 X X X X X X X

A4.8 X X X X X X X

A4.9 X X X X X X X

Topic
A4.10 X X X X X X X
4

B4.1 X X X X X X X X X

B4.2 X X X X X X X X X

B4.3 X X X X X X X X X

B4.4 X X X X X X X X X

B4.5 X X X X X X X X X

B4.6 X X X X X X X X X

C4.1 X X X X X x x X X X X X

C4.2 X X X X X x x X X X X X

C4.3 X X X X X x x X X X X X X

A5.1 X X X X X X X

Topic
A5.2 X X X X X X X
5

A5.3 X X X X X X X

18
A5.4 X X X X X X X

A5.5 X X X X X X X

A5.6 X X X X X X X

A5.7 X X X X X X X

A5.8 X X X X X X X

A5.9 X X X X X X X

A5.10 X X X X X X X

A5.11 X X X X X X X

A5.12 X X X X X X X

A5.13 X X X X X X X

A5.14 X X X X X X X

A5.15 X X X X X X X

B5.1 X X X X X X X X X

B5.2 X X X X X X X X X

B5.3 X X X X X X X X X

B5.4 X X X X X X X X X

B5.5 X X X X X X X X X

B5.6 X X X X X X X X X

B5.7 X X X X X X X X X

B5.8 X X X X X X X X X

B5.9 X X X X X X X X X

B5.10 X X X X X X X X X

B5.11 X X X X X X X X X

B5.12 X X X X X X X X X

B5.13 X X X X X X X X X

B5.14 X X X X X X X X X

C5.1 X X X X X X x x X X X X

C5.2 X X X X X X x x X X X X

C5.3 X X X X X X x x X X X X

C5.4 X X X X X X x x X X X X

C5.5 X X X X X X x x X X X X

C5.6 X X X X X X x x X X X X

C5.7 X X X X X X x x X X X X

19
 C5.8 X X X X X X x x X X X X

C5.9 X X X X X X x x X X X X

C5.10 X X X X X X x x X X X X X

8. READING MATERIALS
A. TEXTBOOKS
1. Basil Markesinis&HannesUnberath, The German Law of Contract
– A Comparative Treatise, Hart Publishing Oxford and Portland –
Oregon, Second Edition, 2006.
2. Raymond Youngs, English, French & German comparative law,
second Edition, London, Routledge Pub., 2007.
3. Gerhard Dannemann and Stefan Vogenauer, The Common
European Sales Law in Context: Interactions with English and
German Law, Oxford - New York : Oxford University Press, 2013.
B. MANDATORY REFERENCE MATERIALS
* Books
1. Catherine Elliott & Frances Quinn, Contract Law, LexisNexis,
Seventh edition, 2009.
2. Claude D. Rohwer& Anthony M. Skrocki, Contracts in a Nut shell,
West, Seventh edition, 2010.
* Others
1. Nguyễn Thị Ánh Vân, Khái quát về luật hợp đồng so sánh và các xu
hướng nghiên cứu so sánh luật hợp đồng trên thế giới, Chuyên đề trong Đề
tài NCKH “Nghiên cứu so sánh các quy định chung trong Luật Hợp đồng của
một số nước trên thế giới”,TrườngĐạihọcLuậtHàNội, 2014, tr. 7-21
C. OPTIONAL REFERENCE MATERIALS
* Books
1. Charman& Mary, Contract Law, Taylor and Francis, 2007.
20
 2. Neil Andrews, Contract law, Cambridge - New York : Cambridge
University Press, 2011.
3. Catherine Mitchell, Interpretation of Contracts, Taylor and Francis,
2007.
4. DiMatteo, Larry A.; Zhou, Qi; Saintier, Severine; Rowley, Keith,
Commercial Contract Law: Transatlantic Perspectives, Cambridge
University Press, 2013.
5. Hondius, Ewoud; Grigoleit, Hans Christoph, Unexpected
Circumstances in European Contract Law, Cambridge University Press,
2011.
6. Nili Cohen & Ewan McKendrick, Comparative remedies for breach
of contract, Portland, Or. : Hart, 2005.
7. Ewan McKendrick, Contract law: text, cases, and materials,
Oxford - New York : Oxford University Press, 2005.
8. Ole Lando& Hugh Beale, Principles of European contract law, The
Hague - Boston: Kluwer Law International, 2000.
9. Twigg-Flesner& Christian, The Europeanisation of Contract Law:
Current Controversies in Law, Taylor and Francis, 2013.
10. Kramer & Adam, Contract Law: An Index and Digest of Published
Writings, Hart Publishing Limited, 2010.
11. Martin Hogg, Promises and contract law, Comparative perspective,
Cambridge University Press, 2011.
12. Jan M. Smits, Contract law A Comparative Introduction, Edward
Elgar, Cheltenham, UK, 2014.
13. Richard Taylor & Damian Taylor, Contract law: directions, Oxford
- New York: Oxford University Press, 2013.
* Journal Articles
1. Nguyễn Thị Ánh Vân,
NguồnLuậthợpđồngcủaAnhvàPhápdướigócđộ so sánh, TạpchíLuậthọc, số
2/2017,

21
 2. Nguyễn Thị Ánh Vân, Cácmônluật so
sánhchuyênngànhtrongchươngtrìnhđàotạoluậtcủaMỹvàkinhnghiệmchoTrư
ờngĐạihọcLuậtHàNội, TạpchíLuậthọc, số 6/2017, tr. 86-100.

9. FORMS OF TEACHING AND LEARNING

9.1. Overall Working Plan for the formal first degree, full-time
training

Forms of teaching-
Topic learning Evaluation
Week Total
Team Self-
TheorySeminar
Work study
- Team and term
assignment
allocation 4
1 1 4 0 2 3 - The extent to which
team members get
involved in
teamwork
- The extent to which
team members get
involved in the 6
2 2 2 4 2 3 seminars.
- Submission of team
assignment and make
oral presentation
3 3 2 4 2 3 - The extent to which
team members get
involved in the 6
seminars.
- Submission of team
assignment and make
22
 oral presentation
- The extent to which
team members get
involved in the 6
4 4 2 4 2 3 seminars.
- Submission of team
assignment and make
oral presentation
- The extent to which
team members get
involved in the 6
seminars.
5 5 2 4 2 3 - Submission of team
assignment and make
oral presentation
- Submission of term
assignment
12 16 10 15 30
class class class class credit
Total hours hours hours hours hours
= 12 = 8 credit = 5 = 5
credit hours credit credit
hours hours hours

9.2. Overall Working Plan for the second degree, in-service training
and for training at the Campus

Forms of teaching-
Topic learning Evaluation
Week Total
Team Self-
TheorySeminar
Work study
1 1,2,3 12 16 10 15 - Team and term

23
 assignment
allocation
- The extent to which
team members get
,4,5 involved in the
seminars.
- Submission of team
assignment and make
oral presentation
12 16 10 15 30
class class class class credit
Total hours hours hours hours hours
= 12 = 8 credit = 5 = 5
credit hours credit credit
hours hours hours

* The deadline for submission of term assignment after the end of the
module is no more than 20 days (including Saturday and Sunday)

9.3. Detailed Working Plan

Topic 1
Form of Number
Students’ preparation
teaching - of credit Main Themes
before class
learning hours
Theory 4 - Brief introduction of * Reading guide:
credit Comparative Contract Law: Raymond Youngs,
hours subject’s name, reading guides, English, French &
legal terms/jargon... German comparative
- Introduction to Comparative law, Third Edition,
Contract Law subject: overall London, Routledge Pub.,
objectives, achievements and 2014, pp. 543-546
future development...
24
 - Guiding on how to collect
and handle information to
serve the study of
Comparative Contract Law.
- Definition and
characteristics of
Comparative Contract Law.
- Objects for comparison
- The Significance of
Self- 1 * Reading Guide:
study credit Comparative Contract Law. - Nguyễn Thị Ánh Vân,
hour - The Principal Approaches Kháiquátvềluậthợpđồng so
to Comparative Contract sánhvàcácxuhướngnghiênc
Law. ứu so
sánhluậthợpđồngtrênthếgiới
,
ChuyênđềtrongĐềtàiNCKH
,TrườngĐạihọcLuậtHàNội,
2014, tr. 7-21
1
Team
credit Team discussion of the team’s research topic
work
hour
- What to consult: instruction on the way to learn for the best, on
how to collect and use reference materials...; other questions
Student relate to issues discussed in class
Consult - Time:
ation From 08 am to 11 am, every Wednesday if class being held in the
afternoon;
From 2pm to 5pm, every Wednesday if class being held in the morning
- Place: Comparative Law Institute Office. Room A.1501

Assess First class of Week 1: Receiving team and full semester assignments.
ment The extent to which students get involved in teamwork.

Topic 2
25
 Numbe
Form of
r of Students’ preparation before
teaching - Main Themes
credit class
learning
hours
- General
Theory 2 * Reading guides:
credit Consideration of the - Gerhard Dannemann and
hours Concept of Contract Stefan Vogenauer, The Common
- Elements for the European Sales Law in Context:
formation of a Interactions with English and
Contract: German Law, Oxford - New
+ An agreement: an York: Oxford University Press,
offer, an acceptance, 2013, pp. Section 4.
the certainty of the Conceptions of Contract (Simon
Whittaker and Karl
terms of an agreement
Riesenhuber).
- Raymond Youngs, English,
French & German comparative
law, Third Edition, London,
Routledge Pub., 2014, pp. 546-
560, pp. 572-574
- Elements for the * Reading Guide:
Self- 1
study credit formation of a
- Raymond Youngs, English,
hour Contract: French & German comparative
+ The intention to law, Third Edition, London,
create legal relations; Routledge Pub., 2014, pp. 561-
+ Consideration 564
1
Team credi
Work t Team discussion of team’s research topic
hour
Seminar 1 Discussion of themes in topic 1 and 2
credi
t
26
 hour
1
credi
Seminar Presentation of the team paper
t
hour
- What to consult: instruction on the way to learn for the best,
on how to collect and use reference materials...; other
questions relate to issues discussed in class
Student
Consult - Time:
ation From 08 am to 11 am, every Wednesday if class being held in the
afternoon;
From 2pm to 5pm, every Wednesday if class being held in the morning
- Place: Comparative Law Institute Office. Room A.1501
- Oral presentation of the Team research paper
Assessm
ent - The extent to which students get involve in the seminar.

Topic 3
Numbe
Form of
r of
teaching - Main Themes Students’ preparation before class
credit
learning
hours
- Parties’ having
Theory 2 * Reading Guide:
credit capacity to make a -Raymond Youngs, English,
hours contract: French & German comparative
+ Individual’s law, Third Edition, London,
capacity: age Routledge Pub., 2014, pp. 580-583,
requirement pp. 634-661
- Contract’s
contents being
legal

Self-study 1 credit - Parties’ having * Reading Guide:

hour capacity to make a -Raymond Youngs, English,
27
 contract: French & German comparative
+ Individual’s law, Third Edition, London,
capacity: mental Routledge Pub., 2014, pp. 580-583,
capacity and pp. 575-579
mental incapacity;
+ Legal entity’s
capacity
- Parties’ will and
their declared will
being unique
- Contract’s form
satisfying special
requirements
Team 1 credit
Team discussion of team’s research topic.
Work hour
1 credit
Seminar Discussion of the themes in topic 3
hour
1 credit
Seminar Presentation of team research paper
hour
- What to consult: instruction on the way to learn for the best,
on how to collect and use reference materials...; other
Student questions relate to issues discussed in class
Consulta - Time:
tion From 08 am to 11 am, every Wednesday if class being held in the
afternoon;
From 2pm to 5pm, every Wednesday if class being held in the morning
- Place: Comparative Law Institute Office. Room A.1501
Assessm - Oral presentation of team research paper
ent - The extent to which students get involve in the seminar.

Topic 4

Form of Numbe Main themes Students’ preparation before class

28
 r of
teaching -
credit
learning
hours
- Contract
Theory 2
credit Contents:
* Reading Guide:
hours + General
considerations -Raymond Youngs, English,
+ Express terms French & German comparative
+ Implied terms law, Third Edition, London,
+ Standard terms Routledge Pub., 2014, pp. 580-583,
and exclusion pp. 634-661
clauses
+ Legislative - Basil
control of unfair Markesinis&HannesUnberath, The
terms
German Law of Contract – A
- Contract
Construction: Comparative Treatise, Hart
+ General Publishing Oxford and Portland –
considerations Oregon, Second Edition, 2006, pp.
(nature and scope
865-956
of interpretation)
- Principles of
interpretation
- Methods of
interpretation
-Contract
Self-study 1 * Reading Guide:
credit Modification -Raymond Youngs, English,
hour - Contract French & German comparative
Construction:
+ Principles of law, Third Edition, London,
interpretation Routledge Pub., 2014, pp. 569-571
+ Methods of
interpretation
Team 1 credit
work hour Team discussion of the team research topic.
1 credit
Seminar Oral presentation of team research paper
hour
29
 1 credit
Seminar Oral presentation of team research paper
hour
- What to consult: instruction on the way to learn for the best,
on how to collect and use reference materials...; other
questions relate to issues discussed in class
Student - Time:
Consulta From 08 am to 11 am, every Wednesday if class being held in the
tion afternoon;
From 2pm to 5pm, every Wednesday if class being held in the
morning
- Place: Comparative Law Institute Office. Room A.1501
Assessm Oral presentation of team’s research paper
ent

Topic 5
Numbe
Form of
r of Students’ preparation before
teaching - Main Themes
credit class
learning
hours
- Performance of a
Theory 2 * Reading Guide:
contract
credit + General principles -Raymond Youngs, English,
hours (strict rule) French & German comparative
+ Prior Impossibility law, Third Edition, London,
+ Subsequent Routledge Pub., 2014, pp. 662-
Impossibility 672
- Breach of a
Self- 1 * Reading Guide:
study credit contract: -Raymond Youngs, English,
hour + Nature of a breach; French & German comparative
+ Types of breach;
law, Third Edition, London,
+ Consequence of
Routledge Pub., 2014, pp. 673-
breach:
compensatory 683
damages.
30
 - Termination of a
contract:
+ Termination by
performance;
+ Termination by
agreement;
+ Termination by
breach;
+ Termination by
frustration.
Team 1
work credit Team discussion of team research topic.
hour
Seminar 1
credi
Discussion of themes in topic 5
t
hour
1
credit Oral presentation of team research paper
hour
- What to consult: instruction on the way to learn for the best,
on how to collect and use reference materials...; other
questions relate to issues discussed in class
Student - Time:
Consulta From 08 am to 11 am, every Wednesday if class being held in the
tion afternoon;
From 2pm to 5pm, every Wednesday if class being held in the
morning
- Place: Comparative Law Institute Office. Room A.1501
- The extent to which students get involved in the seminar.
Assessm - Oral presentation of team research paper
ent - Submission of full semester assignment on the last class
of week 5.

31
10. SUBJECT POLICY
- In compliance with the University’s Regulation;
- All assignments shall be submitted in a specified date.

11. METHODS AND TYPES OF ASSESSMENT

11.1. Regular Assessment
- Class attendance check;
- Evidence of participating in teamwork.

11.2. Periodical Assessment

Assessment Items % of Final

Mark
Assessing knowledge and attitudes to participate in seminar 10%
Team assignment 15%
Full semester assignment 15%
Final Exam 60%

 General requirements with respect to all types

of assignment
- Research paper shall be presented in A4 sheets. The length of the
research paper depends on the requirements applied to an individual
type of assignment. The upper margin: 3.0 cm; lower margin: 3.0 cm;
left margin: 3.0 cm; right margin: 2.0 cm; font: Times New Roman;
size: 14; line spacing: 1.5pt.
- The length of research paper shall not exceed the page limit. The
redundancy shall not be evaluated and given any mark.
 Team Assignment
- Research topic: each team shall choose a research topic from the list
given by the principal course instructor;
- Length of the research paper: not exceed 3 pages (A4);
- The essay should include the research topic’s name; a table of
32
 contents; and a bibliography.
- Criteria for evaluating the research paper:

+ Research question being defined clearly and 2 points

reasonably
+ Analyzing the issue logically and directly 6 points
+ Diversified and interesting reference 1 point
materials
+ Clear writing style & beautiful presentation 1 point
Total 10 points

11.3. Full Semester Assignment

- Research topic: topic shall be chosen from a list given by the principal
course instructor; students are permitted to select a research topic by
themselves with an approval of the principal course instructor.
- Length of research paper: not exceed 4 pages (A4);
- The assignment must be written in prose style (using complete
sentences), adhere to grammatical rules and use correct spelling
(English US). It should be typed in Times New Roman font, using 1.5
spaced paragraphs and 14pt font size and the pages must be numbered.
The margins shall follow instruction in the above Sub-title (11.2). The
essay should include a title page; a table of contents; and a
bibliography.
- Criteria for evaluating research paper:

+ Research question being defined clearly and 2 points

reasonably
+ Analyzing the issue logically and directly 6 points
+ Diversified and interesting reference 1 point
materials
+ Clear writing style & beautiful presentation 1 point
Total 10 points

33
11.4. Final Exam
Form of exam: True or false test which is able to require the
examinees’ explanations for the reason why a statement is true or false
(or not) and a case study question. The test consists of 02 types of
questioned aforementioned to be done within 90 minutes. Total mark:
10 points.

34
 TABLE OF CONTENTS

Page
1 Course instructors’ information 2
2 Prerequisites 3
3 Course syllabus in brief 3
4 Course syllabus in details 3
5 Discipline’s overall objectives 4
6 Detailed cognitive objectives 5
7 Synthesis of cognitive objectives 18
8 Reading materials 18
9 Forms of teaching and learning 20
10 Subject Policy 32
11 Methods and types of assessment 32

35