Common Law Weekend School – 2018
Today’s practitioners, whether operating domestically or internationally, are required to know how the law from other jurisdictions impacts on their client’s business affairs.
Whether the client is located in the US or UK or in Europe, a practitioner needs to understand the fundamental elements of these legal systems in order to protect and or defend their client’s business.
This weekend School has been specifically developed to assist the local practitioner to understand the basic requirements of the common law system in the US and UK.
The first part of the course will start with an introduction to common law system of law and look at how the common law system developed.
The second part of the course will involve the study of various areas of common law in the UK and contracted to the US system. We will study contracts law, torts law, the impact of equity, remedies available for breach.
The third part of the course will focus on the impact of the conflict of laws (private international law). How does this operate in the areas of tort, contract, property and so on and transactions which contain a foreign element.For example, conflict of laws issues will arise if proceedings are contemplated in London in respect of a contract involving a party in Italy seeking to recover damages for breach of a contract governed by the law of Italy.
The fourth part of the course will look at civil litigation procedure from studying the legal institutions, and the civil procedure rules including discovery, interrogatories, affidavits.
The final part of the course will involve a negotiation of a dispute where participants will have the chance to role play in the negotiation. At the conclusion of the negotiation, the participants will also be drafting terms of settlement for the matter.
The topics to be covered in this symposium are:-
1. Introduction to the common law system in the UK and US and terminology
2. Contracts law and terminology in the UK and US and the international sale of goods (Vienna Convention)
3. Torts law and terminology in the UK and US
4. Equity law in the UK and terminology
5. Remedies and damages in the US & UK for breach of contract and torts
6. Law of contract – forum of competent jurisdiction and the law of the contract
7. The Impact of private international law on commercial transactions
8. Commencing proceedings and civil litigation procedure including discovery, interrogatories, affidavits.
9. Dispute Resolution and the art of negotiation
10. Case study – participants will role play in the negotiation and draft terms of settlement for the matter.