Drafting Contracts
Study Board of Law
Teaching language: English
EKA: B650031102
Censorship: Second examiner: None
Grading: 7-point grading scale
Offered in: Odense
Offered in: Spring
Level: Master
Course ID: B650031101
ECTS value: 10
Date of Approval: 14-09-2021
Duration: 1 semester
Course ID
Course Title
Teaching language
ECTS value
Responsible study board
Date of Approval
Course Responsible
Offered in
Level
Offered in
Duration
Recommended prerequisites
Bachelor degree in law or HA(jur.) or equal.
Students who have completed the course “Kontraktkoncipering” cannot participate.
Aim and purpose
The course is aimed at law students with an interest in analysing and drafting commercial contracts. The course could be particularly relevant for those students who wish to seek a career as a lawyer or an in-house legal council in a company or at a public authority.
As a part of the course, the "background law" must be considered, and the course will initially focus on the legal method which is necessary to consider when using dogmatic law as a background law when drafting commercial contracts.
The purpose of the course is to provide students with knowledge on different issues and legal aspects regarding the negotiation of contracts.
The purpose of the course is, furthermore, to enable the students comprehensively to understand and use contract law as a mean to draft and analyze commercial contracts and contract clauses in English as legal counsel for a contracting party.
The course builds on the skills achieved in courses regarding contract law at bachelor level. The course is connected to other elective courses at master level that has a starting point in contract law e.g. “Køb og salg af virksomheder (Mergers and acquisitions)”.
Content
The central area is international contract law.
The goals of the course will be reached through presentation and discussion of general legal theory on formation of contracts, the different faces of drafting a commercial contract, and a presentation of which types of contract clauses and their content that could be appropriate in different types of contracts.
The most important contract clauses will be analyzed and discussed from the perspective of the drafter.
Description of outcome - Knowledge
The student will be able to:
• Identify relevant issues to create an overview of the main clauses in a commercial contract
• Identify the relevant applicable law
Description of outcome - Skills
The student will be able to:
• Reflect on commercial contract drafting topics and put them into perspective.
• Explain the implications of complex commercial contract drafting topics and how to reduce this complexity and minimize the risk of the party they represent
Description of outcome - Competences
The student will be able to:
• Carry out legal analysis of drafting commercial contracts
• Discuss and comprehend commercial contract drafting problems and to set up a solution to these
• Communicate and formulate their knowledge and arguments professionally, and in a structured and coherent way in English.
Literature
To be announced before start of the semester.
The extent of the literature is expected to be approximately 500-750 pages.
The extent of the literature is expected to be approximately 500-750 pages.
Teaching Method
Teaching will be based on the syllabus as well as on cases and other practical issues related to “real life” contract drafting and examples from actual contracts. Not all parts of the syllabus will be gone through in detail. Part of the course will be used for discussion of cases, assignments etc.
The method of instruction is blended learning. Part of the course is taught in class at the SDU campus in Odense which at the same time is streamed for online access. Students have access to the recording afterwards. The classes are supplemented with different learning activities and include class discussions, group work and short bilateral discussions. Students may select to do a voluntary presentation in class.
Workload
Scheduled classes:
The course will be taught with lectures of 21 hours (3x7 hours).
The course is taught on Saturdays.
Workload:
1 ECTS is equivalent to 27 working hours. An estimated retail distribution of the workload of an average student can be:
Face-to-face teaching: 21 hours.
Preparation (including for examination): 184 hours.
Preparation of cases, non-obligatory home-assignments etc.: 17 hours.
Examination: 48 hours.
Total: 270 hours.
Examination regulations
Exam
Name
Exam
Timing
Exam: June.
Reexam: August.
Tests
Home assignment
Name
Home assignment
Form of examination
Take-home assignment
Censorship
Second examiner: None
Grading
7-point grading scale
Identification
Student Identification Card - Exam number
Language
English
Duration
48 hours.
Examination aids
All exam aids allowed. Communication with other students is not allowed.
Assignment handover
In Digital Exam.
Assignment handin
In Digital Exam.
ECTS value
10
Additional information
Individual 48 hour home assignment including 2 assignments, one assignment with questions to the syllabus and one assignment regarding analysis of one or more certain contract clause and drafting one or more a contract clauses on the basis of information to the purpose it must fulfill.
EKA
B650031102
External comment
NOTE - This course is identical with the former course Drafting Contracts, 9403701.
Used examination attempts in the former identical course will be transferred.
Courses that are identical with former courses that are passed according to applied rules cannot be retaken.
Students who have completed the course “Kontraktkoncipering (9315002)” cannot participate.