Commercial Contracts

English
TEM 0020
6 Credits

Introduction

Complete course description will be ready in time for the start-up of the programme.

The aim of this course is to provide students with a thorough understanding of the legal framework governing domestic and international commercial contracts. The course will introduce the students to the process of drafting and negotiation of commercial contracts, focusing on a wide range of standardized contractual clauses.

As no contract produces legal effects on its own, the students will learn how to identify the legal sources which may govern particular commercial contracts. They will also gain a broad understanding of how applicable legal rules affect the contract, as well as the ways in which they restrict party autonomy.

The students are expected to have a good knowledge of the foundational rules of contract and law of obligations when starting this course.

Course content

The course will be broadly divided in four key parts. In the first part, the students will learn how to draft and negotiate commercial contracts and will become acquainted with some of the most prevalent standardized contractual terms (“boilerplate clauses”). This part will have a major practical focus, with interactive contract drafting workshops.

In the second part of the course, students will learn about the ways in which applicable law affects contractual text. Many times contractual parties will not realize that the clauses they are negotiating may ultimately produce little to no effect. In an interactive workshop, students will re-negotiate some of the terms previously discussed, having gained more insight into the actual effects of the contract.

In the third part of the course, students will learn how to identify which laws govern cross-border contracts. With a sharp increase of international contracts all business enter into, this knowledge will provide students with a set of analytical tools needed to identify the applicable law and forum. Students will learn to apply the foundations of private international law through series of interactive case studies.

Lastly, students will learn about commercial arbitration as a dominant method of dispute resolution in a commercial context. As arbitration itself is a creation of contract, students will learn how to draft arbitration agreements, and will gain a fundamental knowledge of the legal framework governing commercial arbitration.

Disclaimer

This is an excerpt from the complete course description for the course. If you are an active student at BI, you can find the complete course descriptions with information on eg. learning goals, learning process, curriculum and exam at portal.bi.no. We reserve the right to make changes to this description.