Civil Law Concepts of Contract Law
Date: 25 August 2020 Time: 3.00pm - 4.30pm 1.0 Public CPD Point
Synopsis After a brief introduction to the origins, history and propagation of the civil law of contract, particularly in Asia, we will look at how it is different from the common law: without a concept of consideration, offers with a deadline are binding; a more subjective approach affects the formation (ex: mistake, misrepresentation) and the interpretation of the contract; performance must be in good faith; remedies include specific performance (when possible) and penalty clauses which are allowed; and one can prove contracts by any means in commercial matters.
Objectives and skills targeted: acquiring knowledge of some of the basic concepts governing the formation, interpretation and performance of contracts in civil law jurisdictions.
Treatment of Specific Civil Law Concepts in Cross-Border and Financial Transactions
Date: 25 August 2020 Time: 5.00pm - 6.30pm 1.0 Public CPD Point
This session aims to provide participants with insight into the convergences and divergences of common law and civil law, viewed from transactional and litigation angles. The session will include substantive discussion of the concept of trust, and of the termination of contractual relationships by outside causes (including force majeure, frustration and hardship clauses).
Objectives and skills targeted: acquiring knowledge of how various civil and common law systems play a role in dealing with unforeseen circumstances in terms of breach of contract and attendant remedies.
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