FINAL VERSION Private Law 1 Study Guide

STUDY GUIDE
PRIVATE LAW 1
2022-2023
Private Law 1 Team
Co-ordinator Dr. Abiola Makinwa
Compiled with the assistance of
Bianca Maria Leahu (Student Assistant)
Copyright Information
Not to be reproduced without the permission of the LAW Program of
The Hague University of Applied Science.
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TABLE OF CONTENTS
TABLE OF CONTENTS .......................................................................................................................... 3
1. WELCOME .................................................................................................................................. 5
2. ADMINISTRATIVE INFORMATION ........................................................................................... 7

2.1. Overview ..................................................................................................................................... 7
2.2. Integrated Schedule .................................................................................................................... 8
2.3. Organization of Course ............................................................................................................. 13
2.4. Asynchronous Learning ............................................................................................................ 14
2.5. Reading Material ....................................................................................................................... 14
2.6. Contact Information ................................................................................................................... 15
3. PROJECT-BASED LEARNING ................................................................................................ 16
4. COMPETENCES....................................................................................................................... 17
4.1. Table of National Profile LAW Competences ............................................................................ 18
4.2. Relation of Private Law 1 Learning Objectives to the National Profile LAW Competence
Set 19
5. ASSESSMENT .......................................................................................................................... 20
5.1. Body of Knowledge ................................................................................................................... 20
5.2. Integrated Project ...................................................................................................................... 21
5.2.1. Deliverables Due .............................................................................................................. 21
5.3. Passing Grades and Resits ....................................................................................................... 21
5.3.1. Passing Conditions ........................................................................................................... 22
5.3.2. Resit Conditions ............................................................................................................... 22
5.4. Guest Lectures (Portfolio of Professional Products) ................................................................. 22
5.4.1. Mandatory Attendance ..................................................................................................... 22
5.4.2. First Chance Guest Lecture Reflection ............................................................................ 23
5.4.3. Due Date First Chance Guest Reflection ......................................................................... 23
5.4.4. Resit Guest Lecture Reflection......................................................................................... 23
5.5. Assessment Schedule ............................................................................................................... 23
6. TUTOR GROUPS - TIPS .......................................................................................................... 24

6.1. Tutor Group Set-up and Activity ................................................................................................ 25
6.1.1. Tutorial No.1: General Information and Review Meeting. ................................................ 25
6.1.2. Tutorial No.2: SPP 2 – Dossier Analysis .......................................................................... 25
6.1.3. Tutorial No.3: - SPP 2 Stakeholder Analysis .................................................................... 26
6.1.4. Tutorial No.4: SPP 3 Legal Position of Parties................................................................. 26
6.1.5. Tutorial No.5: SPP 4 Advice and Plan of Action Meeting ................................................ 26
7. MODULE ELEMENT: Body of Knowledge............................................................................. 27

7.1. Introduction ................................................................................................................................ 27
7.2. Learning Objectives................................................................................................................... 28
7.3. Summary: Body of Knowledge order of Lectures and Workshops ........................................... 28
7.3.1. Contract Law .................................................................................................................... 28
7.3.2. Tort Law............................................................................................................................ 29
7.3.3. Property Law .................................................................................................................... 29
7.4. Week-to-Week Overview .......................................................................................................... 29
8. MODULE ELEMENT: Integrated Project................................................................................ 42

8.1. Introduction ................................................................................................................................ 42
8.2. The Case of the Missing Televisions ........................................................................................ 44
8.3. Integrated Project Learning Objectives 1-6 ............................................................................... 45
8.4. Overview Integrated Project Deliverables ................................................................................. 45
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8.5. Guidance for Deliverables ......................................................................................................... 46
8.6. Deliverable No. 1: Dossier Analysis .......................................................................................... 47
8.6.1. Explanation: Dossier Analysis .......................................................................................... 47
8.6.2. Key Questions: Dossier Analysis ..................................................................................... 48
8.6.3. Grading Rubric (PPP): Dossier Analysis .......................................................................... 49
8.6.4. Grading Rubric (SPP): Dossier Analysis .......................................................................... 51
8.7. Deliverable No. 2: Stakeholder Analysis (PPP2) ...................................................................... 53
8.7.1. Explanation: Stakeholder Analysis ................................................................................... 53
8.7.2. Key Questions: Stakeholder Analysis .............................................................................. 54
8.7.3. Grading Rubric: Stakeholder Analysis (PPP2) ................................................................. 55
8.7.4. Grading Instructions: Stakeholder Analysis (PPP2) ......................................................... 56
8.8. Deliverable No. 3: Legal Position of Parties .............................................................................. 58
8.8.1. Explanation: Legal Position of Parties .............................................................................. 58
8.8.2. Key Questions: Legal Position of Parties ......................................................................... 59
8.8.3. Grading Rubric (PPP3) ..................................................................................................... 61
8.8.4. Grading Rubric: Legal Position of Parties (SPP3)............................................................ 64
8.9. Deliverable No. 4: Advice and Plan of Action ........................................................................... 65
8.9.1. Explanation: Advice and Plan of Action ........................................................................... 65
8.9.2. Key Questions .................................................................................................................. 66
8.9.3. Grading Rubric: Advice and Plan of Action (PPP4) ......................................................... 67
8.9.4. Grading Rubric (SPP4): Advice and Plan of Action ......................................................... 70
9. ANNEX ...................................................................................................................................... 71
9.1. Annex 1 - Dossier Documentation ............................................................................................ 71
9.2. Annex 2 – Group Work Assessment Tool ................................................................................. 73
9.3. Annex 3 – Guest Lecturers ....................................................................................................... 75
9.4. Annex 4 – Grading Rubric Resit Portfolio ................................................................................. 77
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1. WELCOME
Dear Private Law 1 Class of the 2022-23 Academic Year,
On behalf of the Private Law 1 Team, welcome to the Course!
In our increasingly complex and diverse communities, traditional configurations are breaking down and
paradigm shifts are the order of the day. Social issues are no longer confined behind borders but are
‘everybody’s problem’. We are also in an age where technology is bringing great innovation and
opportunity but also great risks and ‘great unknowns’. In this new regulatory landscape, more is
demanded of private entities as partners in the provision of social security and social cohesion. Therefore,
as a future young professional in the commercial sector your capacity to analyze and proffer advice to
your future employers or clients is becoming ever more important.
Whether you end up in Compliance, Data Protection, Auditing, Risk Management, Governance, Tax,
Finance, Anti-Money Laundering, Anti-Corruption, Organizational Culture, Business Ethics, or as an in-
house professional, research assistant, paralegal, or consultant, your key role remains founded on your
ability to analyze and to proffer advice. How do you develop the competence of Analysis and Advice?
What are the key elements you must take into consideration? How can your analysis be sound, and your
advice usable? How can you add ‘real value’?
In the Private Law 1 course, we introduce you to the role of an advisor in the commercial sector. You will
acquire the ‘Knowledge’, ‘Skills’ and ‘Attitude’ that will help you develop the competences of Advice and
Analysis at Level 1. We are delighted to have this opportunity to embark on this learning journey with
you.
In our competence-based education at THUAS and in the LAW Program, you are going to ‘learn by doing’.
It is going to be an intensive and highly interactive journey. As you apply what you learn from your body
of knowledge classes and workshops, your skills workshops, your tutorial activities and your peer reviews,
you are building your competence. This competence in Analysis and Advice will be further developed in
your other Y1 courses and in your 2nd and 3rd years, eventually culminating with your Internship and
Applied Research Project in Y4 where you will be interacting with clients in the ‘real world’.
Remember … ‘Knowledge + Skills + Attitude = Competence’. Take ownership of your learning journey; ask
critical questions; participate fully in this course; Engage with our Guest Lecturers, Martijn Ronteltap,
CSO T-Mobile, and Ralitsa Nesheva, Regulatory Risk and Compliance Specialist at Tide (a UK Fintech
Company). My advice to you is to use Private LAW 1 as a launching pad to scan the horizon. Be proactive
in equipping yourself to be the type of analyst or advisor future employers will be eager to employ. This
starts right here, right now.
Also, let's hear your voices! Education is a ‘two-way street.’ Please share your thoughts, feedback,
concerns, suggestions, and ideas using the different fora we have provided.
Looking forward to meeting you and getting to know you!
Wishing you a highly successful Private Law 1 experience,
Dr. Abiola Makinwa

Coordinator Private Law 1
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2. ADMINISTRATIVE INFORMATION
2.1. Overview
Private LAW 1 Module:

The Private Law 1 Module introduces you to the essential principles of Contract Law, Tort
Law, and Property Law. These are divisions of the field of Private Law. The Module has two
elements, a Body
of Knowledge element and a practice element in the Integrated Project called ‘Advising in
Commercial Disputes’. The organization of the Private LAW 1 Module is as follows:
Private LAW-1KPRIV1-21 6 ECTS Exam 100%
Law 1 Knowledge of
Contracts,
Tort, and Property
Law
LAW-1PSPRIV1-21 7 ECTS Portfolio of Professional Products 70%
Integrated Simulated Professional 30 %
Project: Advising in Performance
Commercial
Disputes
Course Private Law 1 Module Codes (Osiris): LAW-1KPRIV1-

name: 21
LAW-1PSPRIV1-
21
Coordinator: Dr. Abiola Makinwa Credits: 6 ETCS (BOK)
7 ETCS
(Integrated
Project)
Lecturers: Contract: Ian Sumner; Stanley Mbelu Study load 168 hours (BOK)
BOK Tort: Agnes Macedo, hours: 196 hours
Property: Jaime de Jesus Lima ; (Integrated
Agnieszka Machnicka, Project)
Lecturers: Robert Weaver, Bartosz Krysiak, Dani Year/Semester: Y1/Semester 1

Skills Meireles Dias, Daria Stanculescu
Tutors: Abiola Makinwa, Agnieszka Competences Analysis

Machnicka, Agnes Macedo, Bartosz Advice
Krysiak, Dani Meireles Dias, Daniel
Russell, Jaime de Jesus Lima, Juan
Salmerón Henriquez, Judith van
Arendonk, Hyun Ju Park, Paul Vine,
Robert Weaver, Stanley Mbelu, Suhas
Sagar, Tamara Lewis, Christian
Anguita Oyarzún
Duration: Weeks 38 - 4 (17 Weeks)
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2.2. Integrated Schedule
Private Law 1 Integrated Schedule
Lesson Skills Workshops Assembly & Tutorial BOK Lectures/Workshops/Submission
Week No of Deliverables (PPP & SPP)
(Calendar
Wk)
1(38) • Introduction to Contracts Law – Class 1
Week of Private Law 1: Lecture: Sumner
19th Sept PPP and SPP Workshop: Mbelu
deliverables Introduction: What is a Contract?
• How to Classification. What are the sources of
organize a Contract Law? What are Principles of
dossier Contracts Law
Formation 1: How is a Contract
Formed? Elements to be considered -
Consensus ad idem, Offer, Acceptance.
2 (39) • Close reading Assembly No.1: Torts Class 1

Week of of a dossier. • Introduction to Private Lecture: Macedo
26th Sept • Identifying Law 1 Workshop: Macedo / VAC
what caused • Introduction to your
the legal Lecturers Introduction: What is Tort Law? What
dispute • Overview of Assessment is European Tort Law? Why UK and
• Holding Group and Exams Dutch Tort Law?
Meetings • Q&A Deliverable1 & 2 The UK and Dutch Systems of Liability:
(Roles) What comprises UK and Dutch Tort
Tutorial No.1: law?
• Review CD Requirements for Liability: When does
• Walk-through tort liability arise?
Assignments
• Review Dossier Analysis.
• Review Stakeholder
Analysis
• Review Instructions for
Legal Analysis / Advice
and Conclusion of Report.
3(40) • Arranging Property Class 1
Week of facts into a Lecture: Machnicka
3rd Oct narrative. Workshop: Machnicka
• Visualising Principles and rules of property law.
how the case
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will go and Possession and ownership in civil
what to think (France, Germany) and common law
about. (England).
• Identifying Workshop (Machnicka)
gaps.
4(41) • Peer Review Contracts Class 2

Week of (Exchange of Lecture: Sumner
10th Oct. individual Workshop: Mbelu
Dossiers for Formation 2 Intention, Consideration,
Peer feedback) Capacity Interpretation
5(42) • Group Assembly No.2: Torts Class 2

17tth Oct. Meeting • Mandatory Guest Lecture: Macedo
(Evaluating Lecture: The ‘Advice’ Workshop: Macedo / VAC
the dossier) Function in A
Commercial Unlawful act: What consist an unlawful
Organization - Martijn in the UK and Dutch systems?
Ronteltap CSO for T- Strict Liability: How does strict liability
Mobile Netherlands – operate in the UK and Dutch systems?
17thth October See What are the requirements for liability
Annex 4. by an employer for acts of the
• Short Reflection Due employee under UK and Dutch law?
17:00 20th October.
PPP – 1
Submit Dossier Analysis
Tutorial no.2: (9:00 am 17th Oct)
• Student Survey No.1 SPP – 1
• Dossier Evaluation Dossier Evaluation Meeting and Peer
Meeting Review
• Peer Review Dossier Tutorial No.2
Analysis Peer Review Submission (23:55 Sunday
23rd Oct)
43 AUTUMN BREAK
6(44) TEST MOMENT 1
6(44) • Mapping • Property Class 2
Week of Stakeholders Lecture: Machnicka
31st Oct. and Interests Workshop: Machnicka
• Client Interview Property rights in civil law jurisdictions
(France, Germany): ownership and
limited property rights (e.g., servitudes,
usufruct, right of superficies).
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7(45) • Peer Review – Contracts Class 3
Week of (Exchange of Lecture: Sumner
7th Nov individual Workshop:
Mapping When is a Contract completed? What
Exercise for happens if an intervening event affects
Peer Feedback) the ability to perform what was
agreed? Discharge of Obligations
Doctrine of -Frustration – Force
Majeure
8(46) • Group Meeting Assembly No.3: Torts Class 3

Week of (Stakeholder • General Discussion/ Lecturer: Macedo
14th Nov Mapping) Update Workshop: Macedo / VAC
• Review Deliverable 3 &
Tutorial No.3: Causation: What is causation in fact?
• Stakeholder Analysis What challenges does it bring? What is
Meeting causation in law? How can the
• Peer Review causation chain be broken? How does
Stakeholder Analysis causation relate to negligence?
Burden of Proof: Who has the burden

of proof? What are the techniques
used to relieve the burden of proof?
PPP – 2
Submit Stakeholder Analysis
(9:00 am Monday 14 Nov)
SPP - 2
Stakeholder Analysis Meeting and Peer
Review
Tutorial No.3
Peer Review Submission (9:00am
Monday 21 Nov)
9(47) • How to Draft a Property Class 3
Week of Report Lecture: Machnicka
21st Nov Workshop: Machnicka
Property rights (lands and goods) in the
common law system.
The concept of estates, licenses over
land.
10(48) • Peer Contracts Class 4
Week of Discussion on Lecture: Sumner
28th Nov Legal Position Workshop: Mbelu
of Parties with When is a party excused from
obligations arising under a contract?
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Tutors Defects: Vitiating Elements
Feedback.
11(49) TEST MOMENT 2

11(49) • Hold a Group Assembly No.4 Torts Class 4
Week of Meeting (Legal • Mandatory Guest Lecture: Macedo
5th Dec Position) Lecture: ‘Practical Workshop: Macedo / VAC
Technicalities of
Presenting an Advisory Damages and Remedies: What types of
to the Risk Management harm matter? What are remedies and
Committee, Ralitsa damages? What is their purpose? What
Nesheva, Regulatory Risk types of damage are found in UK and
and Compliance Dutch tort law? What types of
Specialist, Tide Platform remedies other than damages are
Limited, LL.M. MBL, 5th found in UK and Dutch tort law?
December See Annex 4 PPP – 3
• Short Reflection Due Submit Legal Position of Parties
th
17:00 9 Dec. (9:00 am Monday 5th Dec.)
SPP – 3
Tutorial No.4: Legal Position of Parties Meeting and
• Legal Position of parties Peer Review
Meeting Tutorial No.4
• Peer Review Legal Peer Review Submission (9:00am
Position of Parties Monday 12 Dec).
12(50) • Option Property Class 4
Week of Generation Lecturer: De Jesus de Lima
12th Dec Meeting Workshop De Jesus de Lima
Creation of property rights.
Derivative and original acquisition of
property rights.
Acquisitive prescription.
13(51) Digital Skills Contracts Class 5
Week of Lecture: Sumner
19th Dec Workshop: Mbelu
Remedies: What happens when a party
does not fulfill contractual Obligations?
Compensation, Measure of damages,
Types of damages, foreseeability of
damages. Termination of contract.
Specific Performance
53(1) CHRISTMAS BREAK
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14(2) • Torts Class 5
Week of Lecture: Macedo
9th Jan Workshop: Macedo / VAC
Defenses: How can the plaintiff defend

themselves in a tort liability case? What
defenses are available for intentional
torts? What defenses are available for
negligence cases? What defenses are
available for strict liability cases.
European Product Liability: What is the

level of harmonization? The European
PL-Directive of 25 July 1985. When is a
product defective? Distinctions with UK
and Dutch law?
15(3) • Property Class 5
16th Jan Lecture: De Jesus de Lima
Workshop: De Jesus de Lima
Transfer of property rights.
Destruction of property rights.
16(4) Assembly No.5: PPP- 4

Week • Closing Assembly Submit Advice/Conclusion General
of 23 • Evaluations Report
Jan (9:00 am Monday 23 Jan)
Tutorial no.5: SPP - 4
• Advice and Plan of Action
Advice/POA General Report Meeting
PPT Meeting and Peer Review
Peer Review Advice and Tutorial No.5
POA PPT Meeting Peer Review Submission (9:00am
Monday 30 Jan).
17(5) TEST MOMENT 3
RESIT PORTFOLIO OF PROFESSIONAL PRODUCTS – DUE 6TH March, 9:00 am
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2.3. Organization of Course
LAW 1 P 1 1 LAW 1P P 1 1
1: 1 nowledge 1: 1P :
Contracts Tort Propert Advising in
Law Commercial Disputes
• Assemblies
o Introduction to the Body of Knowledge and Practice line; information and updates about the
Practice Line activities and Deliverables; Forum for questions, answers, and feedback.
Information about Exams and any other matters arising.
• Tutorials
o In Tutorials you will submit and receive feedback on your professional products (PPP) products
and simulated professional performances. The Tutorials are also the forum where you will
conduct your simulated professional performances (SPP) (Group Work).
• Skills Workshops
o You will learn and demonstrate the skills required to realize the tasks required in your PPP and
SPP deliverables.
• Body of Knowledge Classes

o You will receive lectures in contract, tort, and property law to provide the legal knowledge you
need to carry out your tasks, analyze the legal problem and provide advice to the client.
• Body of Knowledge Workshops

o You will have workshops to help you understand, review and revise the knowledge shared in the
Body of Knowledge Classes. In addition, links between the knowledge you have acquired, and
the tasks of the integrated project will be explained.
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• Mandatory Guest Lectures
o We bring the ‘real world’ into the classroom by inviting external professionals from the private
sector to share their experience with advising corporations and how best to carry out this role
with you.
• Use of Brightspace
o Brightspace is the source of all information relating to Private Law 1. In addition, you will hand
in your written deliverables in Brightspace, and the grading will be done in Brightspace.
• Students Feedback
o Your feedback on all aspects of Private LAW 1 is very important to us. There will be two
anonymous student surveys administered in your 2nd and 4th Tutorials. There will also be other
formal moments for Course Evaluations at the end of the semester, but you are encouraged to
also provide feedback during Tutorials, Assemblies, or to the Course Coordinator at any time.
2.4. Asynchronous Learning

You are going to have your Contract, Tort, and Property classes consecutively. This means you have one
week of Contract Law then one week of Tort Law and then one week of Property law. This enables you to
develop the knowledge you will need to work your way through the Integrated project – Case of the
Missing Televisions, in a systemic fashion.
In the weeks between each class of Contact, Tort, or Property you are encouraged to engage in the
asynchronous learning exercises provided by your BOK lecturer.
For example, in Contract Law, try and answer all of the Integrated Project Questions listed under the
lesson plan; do all of the required reading for the class and also take the revision self-assessment digital
tests. This is the best way to prepare for the next class, check whether you have really understood the last
class, and also prepare for the regular Test Moments!
2.5. Reading Material

Required Reading Material:
Contract Law: Jan M. Smits, Contract Law, A Comparative Introduction, Edward Elgar,
2017; Dutch Civil Code (Book 6, Title 6.5 available in English here)
Tort Law: Vera Bermingham and Carol Brennan, Tort Law – Directions (8th edn, Oxford
University Press 2022); Dutch Civil Code (Book 6, Title 6.3 – available in English here);
Literature: Text & Commentary [Dutch] Civil Code (available in Dutch here – students should use
their THUAS login and the translation button of their browser ); European Product
Liability Directive (available here)
Property Law: S. Van Erp and B. Akkermans, Cases, Materials and Text on Property Law
(Hart Publishing, 2012)
Contract Law: Law Collection Contract Law (See Document Library in Brightspace)
Other: Property Law: Law Collection Property Law (See Document Library in Brightspace)
Tort Law: Law Collection Tort Law (See Document Library in Brightspace)
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2.6. Contact Information
• Please direct any general inquiries or feedback to the Co-ordinator of the Private Law I Module
Dr. Abiola Makinwa by email at a.o.makinwa@hhs.nl
• Please direct any content-related questions to lecturers as follows:
o Contract Law Related – Mr. Stanley Mbelu at Stanley Mbelu S.C.Mbelu@hhs.nl
o Tort Law Related – Ms. Agnes Macedo at A.MacedodeJesus@hhs.nl
o Property Law Related – Mr. Jaime de Jesus Lima at J.L.deJesusLima@hhs.nl
o Skills-related – Mr. Robert Weaver at R.M.Weaver@hhs.nl
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3. PROJECT-BASED LEARNING
In Private Law 1 you are going to learn how to provide advice in commercial settings by working on a
fictional case, called The Case of the Missing Televisions. The Body of Knowledge, Skills, and Professional
Attitude you develop in the tests, deliverables, and simulated performances associated with this case is
an integrated learning journey that will enable you to become competent in the competences of
ANALYSIS and ADVICE as described in the LAW National Profile applied in all University of Applied Sciences
LAW Programs in the Netherlands. You will ‘learn by doing’. These National LAW Profile Competences and
a description of how they are met in Private Law 1 which focuses on the private sector are described in
section 4 below.
ntegrated Learning
16
4. COMPETENCES
Below is a visual representation of the National Profile LAW Competences. You will develop the
competences of Analysis and Advice at level 1 in the Private Law 1 Module.
nterest
Anal sing Advising epresentation
lo al
Awareness and
Decision Ma ing rganization
Cross cultural
ills
The Private Law 1 Body and Knowledge and Integrated Project learning objectives are all aimed to help
you be able to become competent in taking the steps necessary towards ascertaining the facts and context
necessary to (a) ANALYZE and proffer useful solutions to a client’s problem and (b) to take the clients’
interests and those of other relevant parties into account when proffering this ADVICE to the client. These
are the National Profile LAW Competences.
Below is a description of the National Profile LAW Competences in BOLD. You will find highlighted in blue
the Learning Objectives 1-6 (LOs) of the Private Law 1 Integrated Project that will help you to develop
these competences. These Integrated Project Leaning Objectives are assessed in your Portfolio of
Professional Products (PPP) and Simulated Professional Performances (SPP) deliverables.
COMPETENCE OF ANALYSIS
(1) Analysing the case and critically assess (legally) relevant facts and issues.
• Formulating the relevant legal question(s).
o LO1: Identifying legal facts from a narrative by reviewing a corporate dossier on a
commercial incident. (PPP/SPP1)
• Systematically selecting and gathering relevant legal sources and interpreting and clarifying
the applicable legal rules.
o LO2: Identifying the main contract, tort and property problems arising from the
commercial incident (PPP/SPP1)
• Identifying the appropriate methodology and applying it consistently.
17
o LO4: Analysing the contract tort and property legal issues arising and arriving at legal
conclusions. (PPP/SPP3 and PPP/SPP4)
• Applying legal rules to the relevant facts.
o LO4 Analysing the contract tort and property legal issues arising and arriving at legal
• Drawing and articulating valid legal conclusions that answer the legal question(s).
o LO4 Analysing the contract tort and property legal issues arising and arriving at legal
COMPETENCE OF ADVICE
(2) Demonstrate the professional competence of Advising by:
• Identifying the client’s interest and that of the other parties involved.
o LO3: Identifying key stakeholders and devising a communication strategy (PPP/SPP2)
• Creating an overview of possible legal solutions/actions with pros and cons, likelihood of
success, and weighting the interests of the client and of other parties.
o LO3: Identifying key stakeholders and devising a communication strategy (PPP/SPP2)
• Advising the client on the best fitting legal solution/action.
o LO5: Providing advice in a report to the corporation. (PPP/SPP4)
• Using a tailored communication form for the advice and adapting the advice to the clients’
expectations and level of familiarity with legal terminology and methodology.
o LO5 Providing advice in a report to the corporation. (PPP/SPP 4)
o LO6 Preparing and presenting a plan of action as a team to the corporation (SPP 1-4)
4.1. Table of National Profile LAW Competences
Level How the competences are met in the course:
1 Analysing 1
Taught:
In lectures and workshops, using class discussions and exercises.
2 Advising 1
The module is interactive, and students are expected to prepare
for each session. Attendance is compulsory and students are
3 Representation
expected to actively engage in the discussions and exercises in
each class. (See Section 4.2)
4 Decision-Making
Assessed:
5 Organisation
BOK Cumulative tests in REMINDO and Integrated Project PPP and
Global Awareness SPP deliverables. (See section 5)
6 and Cross-Cultural
Skills
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4.2. Relation of Private Law 1 Learning Objectives to the National
Profile LAW Competence Set
The Learning Objectives of the Body of Knowledge courses are aimed at helping to learn, remember,
understand and apply basic principles of Contract, Tort and Property Law. This is the knowledge you need
to be able to analyze and give advice as a jurist to a fictitious client in the Integrated Project Case of the
Missing Televisions.
The Learning objectives of the Integrated Project are aimed at providing you with the skills you need to
provide advice as a jurist in a commercial setting. As such you will learn how to conduct (i) a Dossier
Analysis; (ii) a Stakeholder Analysis, (iii) a Legal Analysis and (iv) provide a plan of action to the client by
way of a final report
In addition, you are going to learn to work in a team. This reflects what happens in an organisation. You
will conduct Peer Reviews and organise your simulated performances as a small group. This will help you
to develop the communication, team-work and organization skills required when analysing a client’s
problems and when proffering solutions by way of advice to a client.
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5. ASSESSMENT
MC Testing
Moments
1 esit
Delivera les
Meetings
Peer eview
PPP PP
PPP esit Portfolio
PP esit e t ear
5.1. Body of Knowledge
The course will be examined in the basis of a total Cumulative Exam, divided in three exams as
indicated below. The set up below divides the number of MCQ’s per Testing Moment. In each of
Testing Moment, 5 of the MCQ’s will be connected to 1 case study.
Lesson Lesson Lesson Total Total

Semester 1 % Type Wk. 1-5 Wk. 6-10 Wk. 11-16 Points MCQ’s
Testing Moment 1 20 MCQ 10 0 0 20 10
100 17 16 16 100 50
Resit MC 17 16 16 50
GUESS FACTOR
Please note that a GUESS FACTOR is used in 100% Multiple Choice exams. This means that the
passing grade is as follows:
66/100 points = 5,5 / 33 questions out of 50 correct for a passing grade
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5.2. Integrated Project
This Integrated Project assessment consists of two partial tests: the portfolio of professional products
(PPP) and the simulated professional performance (SPP). The portfolio will count for 70 % of your total
grade, and the performance for 30 %. Each partial test consists of four deliverables that together
constitute the grade for the partial test. See the table below.
Course Practice & Skills Deliverables

Portfolio of Professional Products (70%) Simulated Professional Performance (30%)
Dossier Analysis- 20% Dossier Analysis 20%
Meeting Group
Stakeholder Analysis 20% Stakeholder Mapping 20%
Meeting
Legal Position 30% Legal position/Advice 30%
Meeting
Advice and Plan of 30% Advice and Plan of 30%
Action Action PPT Meeting
5.2.1. Deliverables Due

Integrated Project deliverables are due by Monday at 9:00am in Weeks 11, 15 and 19. Due to the
Autumn break the first deliverable is due on Tuesday at 9:00am of Week 8.
5.3. Passing Grades and Resits

Your Grades are entered in OSIRIS as follows:
Please note:
1. BOK: The Body of Knowledge Exam is a series of THREE cumulative tests. You do not get your
final credits in OSIRIS until after you have completed all three of the cumulative tests.
21
2. BOK: A GUESS Factor is APPLIED in the calculation of your Body of Knowledge final grade, so the
Pass rate is 66 out of a 100 points for a 5,5. This translates to 33 questions out of 50 correct for a
passing grade.
3. BOK: There is no resitting of individual cumulative tests. The Resit of the BOK is a 50 question
MCQ Exam at a single sitting.
4. Integrated Project: A single PPP/SPP Grade comprising of the weighted average of your PPP/SPP
deliverables as graded by your Tutor is entered into OSIRIS.
5. Integrated Project PPP: There is no resitting of individual Deliverables. The Resit for the PPP is a
resubmission of the ENTIRE Portfolio with the feedback of the Tutor incorporated (see section
5.3.2 below),
6. Integrated Project SPP: There is no resitting of the SPP Group Activities. The Resit of the SPP will
take place in the next academic year. You will join a group and redo the group activities (see
section 5.3.2 below).
5.3.1. Passing Conditions

You have passed the course if you have a passing grade for the combination of PPP and SPP. The minimum
grade for PPP is a 5,5. The minimum grade for SPP is a 4,5.
5.3.2. Resit Conditions

1. The Resit for the Body of Knowledge is ONE Multiple Choice Exam at a date to be announced.
2. The Portfolio of Professional Products can be resubmitted at the end of the course, taking into
account the relevant feedback. Please see the weighting in the Resit Portfolio Grading Rubric.
This Resit cannot lead to a higher grade than 7,0. The Resit Portfolio is due on the 24th of February
2023.
3. IMPORTANT There is no individual resitting of Integrated Project deliverables. There will be only
ONE grade for the Resit Portfolio. The highest grade for the Resit Portfolio is a 7.
4. The Simulated Professional Performance is a test where a Resit will not reasonably fit within the
education programme due to its specific nature. If you fail the Simulated Professional
Performance, you will need to Resit in the following academic year.
5. The Instructions for the PPP Resit and the Grading Rubric for the Resit PPP are available under
Course Documents in BB and in Annex 5 of this Study Guide.
5.4. Guest Lectures (Portfolio of Professional Products)

The Guest Lecturers will share their experience as professionals from the work field. They will focus on
how to ascertain the problem of the client (LO1), how to engage stakeholders (LO3) and how to put your
advice together in a report (LO5). The first guest lecture will focus more on the advice role from a fact
gathering and stakeholders’ perspective, while the second guest lecture will address the nuts and bolts
of putting together an advisory report.
5.4.1. Mandatory Attendance

The Guest Lectures are a mandatory part of you learning trajectory in Private Law 1. Your PPP Grade is
incomplete and will not be entered into OSIRIS if this element is missing.
22
5.4.2. First Chance Guest Lecture Reflection
Students are required to produce a short reflection of no more than 200 words on each guest lecture and
answer the following questions
• What is the main theme of the lecture?
• What ideas does the Guest Lecture give me regarding my Private Law 1 course?
• What ideas did the Guest Lecture give me regarding my future career?
• What did the Guest Lecturer NOT say that you would have liked to hear?
There is no right or wrong answer. The assignment is graded on a pass/fail basis. Please submit your report
on each guest lecture on Brightspace by the following dates.
5.4.3. Due Date First Chance Guest Reflection

• Guest Lecture – (Competence of Advice) – Martijn Ronteltap – CSO T-Mobile (18TH of October)
17:00 am on the 20th October
• Guest Lecture – Ralitsa Nesheva – Regulatory Compliance and Risk Specialist (6th December)
17:00am on the 8thth of December.
5.4.4. Resit Guest Lecture Reflection

Please write a report based on
(a) An interview with a student who attended the lecture
(b) A examination of the Lecture |Slides (if any)
(c) A viewing of the Guest Lecture Recording (if any)
(d) Submit with Resit PPP Portfolio on 9:00am on the 6th of March
5.5. Assessment Schedule
Private Law 1 Assessment
Course Element Date Case MCQ TOTAL MCQ Question Distribution

Lesson Week Questions
BOK Test Week 6 None Total 10 MCQ: Contract (4) + Tort(3) ;
Moment 1 Property(3)
BOK Test Week 11 Contract Total 15 MCQ: Contract Case Question(5) +
Moment 2 Tort (5); Property(5)
BOK Test Week 17 Tort Total 25 MCQ: Tort Case Question (5) + Tort
Moment 3 (4) + Contract (8) + Property (8)
RESIT BOK Week of TBA Contract Total 50 MCQ
Tort
IP Deliverable 1 Submission PPP Week 5 (17thth Oct) / SPP Tutorial 2 (Peer Review Sunday 23rd h
October)
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IP Deliverable 2 Submission PPP Week 8 (14th Nov) / SPP Tutorial 3 (Peer Review Monday 21 Nov)
IP Deliverable 3 Submission PPP Week 11 (5th Dec) / SPP Tutorial 4 (Peer Review Monday 12 Dec)
IP Deliverable 4 Submission PPP Week 16 (23 Jan) / SPP Tutorial 5 (Peer Review Monday 30 Jan)
IP Resit PPP Re-submission of Portfolio – 6th March– Maximum grade = 7
IP Resit SPP Next Academic Year
6. TUTOR GROUPS - TIPS
Your Tutorials are an important focal point of your learning journey in Private Law 1. Below are
some handy tips to help you make the most of your tutorial experience.
1. Your Tutor will help you to navigate the Private Law 1 course.
2. The SPPs are GROUPWORK. You will be working in sub-groups and a Teams Environment (or
Brightspace Environment has been created for each Tutor Group. Please FIND the Link to your
Tutor Group Environment in Brightspace and say hello to your Group members and Tutor.
3. You will be prepared in the General Assemblies and the Workshops (BOK and Skills) for the
Portfolio of Professional Products (PPP) and Simulated Professional Performance (SPP)
deliverables. Each deliverable helps you to apply the knowledge you have learned in the BOK
and Skills Classes.
4. Please do not hesitate to ask any question you may have about any of the deliverables at the
General Assembly or to your Tutor. In addition, you have the following additional guidance (a)
Explanation of the Deliverable; (b) Key Questions to ask yourself as you navigate through the
deliverable and (c) the Grading Rubric itself in the Course Description as guidance..
5. All your deliverables will be graded by your Tutor using the Grading Rubric. Please read the
Rubric very carefully to guide your learning journey and also in preparing your deliverable.
6. Each Simulated Performance has a Purpose. The venue for the SPP is the Tutorial. Your tutor
will observe and grade this Groups SPP DURING the Tutor Group.
7. You will fill in Peer Reviews as part of the grading element of the SPPs. This will be further
discussed at the first general assembly. Please make sure you fill in your peer reviews
immediately after the tutorial or no later than 9:00am of the Monday of the following Week
8. Your Tutor or the Teaching Assistant for Private Law 1 will divide you into sub-groups BEFORE
the first Tutorial. Please Ms. Bianca Leahu if you are not yet in a subgroup by [Date]
24
9. The Resit of the PPP is based on the incorporation of Tutor Feedback. Please make sure that
you obtain, download immediately and individually keep all feedback provided to you by your
Tutor for your use. This is your responsibility.
10. Your Tutor is your first point of call regarding any questions you may have about the course
Please find out what the Office Hours of your Tutor are. This may be online or in-person
depending on the Tutor. You do not need to schedule a meeting but can approach your Tutor
directly during these Office Hours.
11. If you cannot contact or reach your tutor, please refer any questions to the Teaching assistant or
to the Course Coordinator.
12. We will also ask you for your feedback in two 5-minute student surveys in Tutorials 2 and 4
6.1. Tutor Group Set-up and Activity

OVERVIEW: The focus of each Tutorial Activity is as follows:
6.1.1. Tutorial No.1: General Information and Review Meeting.

1. Tutors may ask their students to go through the course In Brightspace and explore whether
every student knows what is expected over the course of the next 7 WEEKS.
2. Apart from the first introductory Tutorial, the four remaining Tutorials are the venue for the
Simulated Professional Performances. (SPP). This is Group Work and is graded by the Tutor.
3. Tutors should prepare the students for the Module and upcoming deliverables by doing the
following
- CONFIRM Sub-Groups (Teams – L06) –THIS SHOULD ALREADY HAVE TAKEN PLACE
IN THE PRECEEDING WEEK OR OCCUR AT THE VERY LATEST BY THIS FIRST
MEETING.
- Talk about what learning by doing means and how students will be simulating a
professional performance during each tutorial and how this will be graded. Please
emphasize that there is NO RESIT of the SPP this academic year as described in the
Course Modules and in the Program Exam Regulations.
- Talk about the Peer Review process and direct the student to the relevant materials
in Brightspace
- Walk – through Brightspace Module
- Walk-through Deliverables
o Review Dossier Analysis.
o Review Stakeholder Analysis
o Review Instructions for Legal Analysis and Advice and Conclusions of Report.
o Explanation of Office hours
6.1.2. Tutorial No.2: SPP 2 – Dossier Analysis

Before Tutorial
Students will have submitted their individual PPP (Dossier Analysis)
During Tutorial
• Student-5 Minute Survey No. 1
25
• Let Students know when they will receive their PPP/SPP 1 Grades (10 working
days to grade)
• Simulated Performance: Dossier Evaluation Meeting
o Observe-Guide – Require a Summary from each sub-group.
o Short Feedback Session
After Tutorial
• Peer Review Dossier Analysis Meeting
o Remind students to fill in their Peer analysis
6.1.3. Tutorial No.3: - SPP 2 Stakeholder Analysis

Before Tutorial
Students will have submitted their individual PPP (Stakeholder Analysis)
During Tutorial
days to grade)
• Simulated Performance: Stakeholder Analysis Meeting
o Observe -Guide – Require a Summary from each sub-group.
After Tutorial
• Peer Review Stakeholder Analysis Meeting
6.1.4. Tutorial No.4: SPP 3 Legal Position of Parties

Before Tutorial
Students will have submitted their individual PPP (Legal Position of Parties)
During Tutorial
• Student 5-Minute Survey No.2
days to grade)
• Simulated Performance: Stakeholder Analysis Meeting
After Tutorial
• Peer Review Legal Position of Parties Meeting
6.1.5. Tutorial No.5: SPP 4 Advice and Plan of Action Meeting

Before Tutorial
Students will have submitted their individual PPP (Advice and Plan of Action)
During Tutorial
days to grade)
• Simulated Performance: Advice and Plan of Action Meeting
26
o Short Feedback/Farewell Session
After Tutorial
• Peer Review Legal Position of Parties Meeting
7. MODULE ELEMENT: BODY OF KNOWLEDGE
7.1. Introduction
The Body of Knowledge element of Private law 1 provides you with the KNOWLEDGE that you need to
provide a solution to the Client Problem that you are examining in the Integrated Project.
You are introduced to the essential principles of Contract Law, Tort Law and Property Law as subjects in
the field of Private Law. The knowledge you acquire in the BOK classes is tested by way of 3 Multiple
Choice Question Testing moments in REMINDO. (Please see section 5). The application of the knowledge
you acquire is also tested in the deliverables you submit in the Integrated Project. (Handy Tip – relate
what you are learning in the BOK Class to the Client Problem in the Integrate Project, by asking your
lecturer questions about the link between the knowledge you are learning and the Integrated Project
Case)
In the context of Contract Law, these include the definition and sources of contract law; the formation
and binding force of contracts; the terms of a contract and their interpretation; the factors that affect the
validity of contracts; the rules relating to the performance of obligations under a contract, as well as
remedies for non-performance. Having the underlying principles of contract law as a starting point, the
module will guide students in looking at both national rules the general practice of international
contracting. In a global integrated market, where transactions are multi-jurisdictional and multi-layered,
an international approach to contract law is increasingly important. In this course, Dutch Law and the
English Common Law are used to illustrate the operation of principles of Contract Law.
As for Tort Law, you will learn to determine legal responsibility, or “liability,” for the harms that people
(and organizations, such as corporations) inflict on each other, intentionally or negligently. Unlike criminal
law, which prosecutes wrongdoing on behalf of the State and the public at large, tort law provides the
actual victim of wrongdoing with a remedy against the party responsible for their suffering. A tort claim
provides both the opportunity for the injured party to be made whole as well as an opportunity to hold
the responsible party accountable. Additionally, tort claims can serve as a corrective force on dangerous
behavior. The kinds of occurrences that give rise to tort litigation happen all over the world: car accidents,
toxic waste spills, punching and spitting; there is an almost infinite number of ways in which people inflict
harm on each other. In this course, Dutch Law and the English Common Law are used to illustrate the
operation of principles of Tort Law.
Finally, the Property Law course will provide you with a basic comparative knowledge of the leading
principles and rules of property law in both common law (English and Welsh law) and civil law legal
systems (France and Germany). This course will focus on the historical development of property law in
27
the common law and civil law traditions and the recent attempts to harmonize property law at
international and European levels. Furthermore, under common law systems students will gain a basic
understanding of property rights in respect to land and in respect to goods by looking at English and Welsh
case law. By comparison, students will examine the dichotomy between possession and ownership and
the types of property rights over immovables and movables in the French and German legal systems.
Finally, the different steps of the life cycle of property rights from their creation to their destruction will
be examined.
7.2. Learning Objectives
Contract Law
1. Remember the different stages in the life of a contract, namely, Formation, Vitiating Elements,
Discharge and Remedies from a Common Law (England & Wales) and Civil law (The Netherlands)
perspective.
2. Identify the main principles and rules of contract law in both Common Law (England & Wales) and
Civil law (The Netherlands) perspectives.
3. Analyze and proffer advice on a simple structured contract case from both common law (England
& Wales) and civil law (The Netherlands) perspectives.
Tort Law
1. Describe the fundamental concepts of tort law from a common law (England & Wales) and civil
law (The Netherlands) perspective.
2. Identify the main principles and rules of tort law based on both common law (England & Wales)
and civil law (The Netherlands).
3. Analyze and proffer advice on a simple structured tort case from both common law (England &
Wales) and civil law (The Netherlands) perspectives.
Property Law
1. Understand and apply the fundamental principles and rules of property law in both civil law
jurisdictions (France and Germany) and common law (England and Wales) legal systems.
2. Understand the basic differences and similarities between common law and civil law legal systems
regarding property law.
3. Develop the ability to identify the legal issues related to property law and make decisions
weighing up the relevant interests in a simple structured case, with supervision and instruction
and no urgency.
7.3. Summary: Body of Knowledge order of Lectures and Workshops

7.3.1. Contract Law
• Lecture & Workshop 1: CONTRACT LAW 1, What is contract law and what are its sources?
Formation 1 Offer and Acceptance
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• Lecture & Workshop 2: CONTRACT LAW 2, Formation – Intention Consideration Capacity
• Lecture & Workshop 3: CONTRACT LAW 3, Discharge of Obligations – Doctrine of Frustration –
Force Majeure
• Lecture & Workshop 4: CONTRACT LAW 4, Defects and Discharge
• Lecture & Workshop 5: CONTRACT LAW 5, Remedies
7.3.2. Tort Law

• Lecture & Workshop 1: TORT LAW 1, Introduction (The UK and Dutch Systems of Liability)
• Lecture & Workshop 2: TORT LAW 2, Unlawful Act
• Lecture & Workshop 3: TORT LAW 3, Causation and Burden of Proof
• Lecture & Workshop 4: TORT LAW 4, Damages and Remedies
• Lecture & Workshop 5: TORT LAW 5, Defenses and European Product Liability
7.3.3. Property Law

• Lecture & Workshop 1: PROPERTY LAW 1, Principles, possession, and ownership
• Lecture & Workshop 2: PROPERTY LAW 2, Property Rights in Civil Law systems
• Lecture & Workshop 3: PROPERTY LAW 3, Property Rights in Common Law systems
• Lecture & Workshop 4: PROPERTY LAW 4, Creation of Property Rights
• Lecture & Workshop 5: PROPERTY LAW 5, Transfer and destruction of Property Rights
7.4. Week-to-Week Overview

Week Description
WEEK 1 What is Contract Law and what are its sources? Formation 1: How does a contract come
19th Sept into being?
(Contract) Subjects:
1. Why contract law?
2. Types of contracts
3. What family of law does contract law belong to?
4. Fundamental Principles of Contract Law: Freedom of contract/binding
force/informality/contractual fairness
5. Multi-level sources of contract law.
a. Official sources - National Law / International Conventions
b. Informal sources - Restatements / Principles / Commercial Custom /
Academic Writing
6. Formation 1 Offer and Acceptance
a. What Constitutes Agreement - Offer and Acceptance
b. What is an Offer?
c. Offer v. invitation to treat (Advertisements/ Goods on Display)
d. How long does offer last?
a. Revocation of Offer
b. When does an offer come to an end? (Rejection/Lapse)
a. Acceptance
29
a. Types of Acceptance (Prescribed method/Performance/Must
be Communicated
b. Qualified Acceptance = Counteroffer
c. When does Acceptance take effect? - Dispatch (Mailbox) Rule /
Receipt rule
Required Reading What is Contract Law?

Course Textbook
Chapters 1 and 2
Dutch Law:
Dutch Civil Code: Art 6:212; Art. 6:217; Art 3:33.
Required Reading: Formation 1
Course Textbook
Chapters 3, 4 and 5
Offer and Acceptance
Dutch Law:
Dutch Civil Code: Art 3:37(3); Art 3:37(5); Art 6:5; Art 6:54, 6:217; Art 6:219; Art 6:221; Art
6:223; Art 6:224; Art 6:225; Art 6:223; Art 6:227.
English Common Law:
Pharmaceutical Society of GB v Boots Cash Chemists [1953] 1 QB 401
Carlill v Carbolic Smokeball Co [1893] 1 QB 256
Gibson v Manchester City Council [1979] UKHL 6
Hyde v Wrench [1840] EWHC Ch. J90
Adams v Lindsell [1818] EWHC KB J59
Integrated project Questions:

Who are the Contractual Parties in the Case of the Missing Televisions?
What was the Offer?
What was the Acceptance?
When did Acceptance take place?
What Law applies to the Contract?
Revision Tests in Brightspace

Test 1 – What is Contract Law?
Test 2 – What are the Sources of Contract Law?
Test 3 – Offer and Acceptance
WEEK 2 Introduction (The UK and Dutch Systems of Liability)

26th Sept
(Tort) Subjects:
1. Introduction
a. What is liability?
b. What is Tort Law?
c. What are its purposes?
30
d. How does it differ from contract law and criminal law?
e. Why UK and Dutch Tort Law?
2. Requirements for Liability
a. When does tort liability arise under Dutch Law?
i. Unlawfulness
ii. Attributability
iii. Damage
iv. Causality
v. Relativity
b. When does tort liability arise under UK Law?
i. Many torts, each with their own requirements, but in general…
ii. Intentional or negligent conduct
iii. Strict liability
iv. Damage (or actionable per se)
v. Causation
Required reading:
• Bermingham and Brennan, 2022 – Chapter 1 on Tort: law and system [intro and
topics 1.1 to 1.6, 1.8, 1.9].
• Dutch Civil Code – art 6:162, 6:163, 6:164, 6:165
• Text & Commentary [Dutch] Civil Code – art 6:162 [topics 1 to 4, 8.b]; art 6:163
[topic 1.‘Three elements of relativity’]; art. 6:164 [topic 1]; art. 6:165 [topics 1 to 3]
Extra reading:
• Cess van Dam, European Tort Law, 2 ed, 2013 – Chapter 5 on England [topic 502].
WEEK 3 Principles, possession, and ownership

3rd Oct
(Property) Subjects:
1. An introduction to property law.
2. Property law in France, Germany and England.
3. The historical development of property law.
4. The nature of property rights: property rights and personal rights.
5. The principles of numerus clausus and transparency.
6. The ground rules of property law.
7. International and European initiatives to unify and harmonize property law.
8. Fundamental differences between civil and common law for possession and
ownership.
9. Possession and ownership in civil law (French system & German system). Protection
of property rights in common law (English law).
10. Land (dispossession and other interference). Goods (trespass and conversion).
11. Fundamental difference between civil and common law systems and different
approaches to the protection of property rights.
31
Required Reading:
S. Van Erp and B. Akkermans: pp. 31-127 (except for pp. 35 (II.C.3), 42-46 (from 1.5 to I.B),
56-57, 60-63, 69-72 (1.27), 77-86 (from 1.34), 88-92, 105-107) and pp. 161-209.
Questions for class discussion:

• What is property law?
• How has property law in France, Germany and England been developed?
• What is the principle of numerus clausus?
• What is the principle of transparency?
• What distinguishes property rights from personal rights?
• What are the ground rules of property law?
• Which are the main European and International initiatives aimed at unifying and
harmonizing property law, and harmonizing intellectual property law in the EU?
• What is the definition of possession and ownership in civil law (France, Germany)?
• What are the possessory actions available against dispossession and against
disturbance in the enjoyment of possession?
• What are corpus and animus elements of possession in French law? What is “self-
help” in German law and the conditions of application?
• What are the other interferences in the protection of lands in common law?
• What is trespass and conversion?
WEEK 4 Formation 2: How does a contract come into being? (2) Intention, Consideration,
10th Oct Capacity,
(Contract) Subjects
1. Intention to Create Legal relations.
a. Social and domestic Agreements
b. Commercial transactions
c. Gentlemen’s agreements
2. The requirement for consideration: Common Law
3. Basic rules of consideration (common law)
a. Must move from the promisee
b. Must not be past
c. Adequacy of consideration
d. Must not be fulfillment of existing legal obligation
4. Legal Capacity to Contract
a. Minors and legally Incapacitated Adults
Intention
Dutch Law:
Dutch Civil Code: Article 3:35
English Common Law:
Balfour v Balfour [1919] 2 KB 571
Merritt v Merritt [1970] 1 WLR 1211
Edwards v Skyways Ltd [1964] 1 WLR 349
Consideration
32
English Common Law:
Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] UKHL 1
Eastwood v Kenyon [1840] 113 ER 482
Re McArdle [1951] Ch 669
Thomas v Thomas (1842)2 QB 851
Chappell & Co Ltd v Nestlé Co Ltd [1960] AC 97
Collins v Godefroy [1831] 109 ER 1040
Capacity
Dutch Law:
Dutch Civil Code: Articles 3:32, 3:34, 3:58, 6:31, 6:34, 6:222, 6:240, 6:276
English Common Law:
Nash v Inman [1908] 2 KB 1
Integrated Project Questions

Did Poseidon and Megastores INTEND to enter into a binding relationship? If yes? Why do
you say so? If no? Why do you say no?
Was the Poseidon/Megastores contract a Gentleman’s agreement?
Did Megastores have capacity to enter into the agreement?
What exactly was the consideration for the Poseidon/ Megastores agreement?
Who is the promise and who is the promisor in the Poseidon/Megastores transaction?
Revision Tests in Brightspace

Test 4 – Intention, Consideration and Capacity
WEEK 5 Unlawful Conduct

17th Oct
(Tort) Subjects:
1. Dutch System
a. Infringement of a right
b. Act or omission in violation of statutory duty
c. Act or omission contrary to what is customary in society according to
unwritten law
d. Qualitative Liability
i. Liability by an employer for acts of the employee
2. UK System
a. Intentional conduct
b. Negligent conduct
c. Strict liability
i. Liability by an employer for acts of the employee
Required reading:
• Bermingham and Brennan, 2022 – Chapter 11 on Trespass to Persons [intro and
topics 11.1 and 11.2]; Chapter 2 on Negligence [intro and topics 2.1, 2.2, 2.4, 2.6,
2.8, 2.9]; Chapter 3 on Breach of Duty [intro and topics 3.1.1 to 3.1.5, and 3.1.7];
Chapter 9 on Vicarious Liability.
33
• Dutch Civil Code – art 6:162, 6:170
• Text & Commentary [Dutch] Civil Code – art 6:162 [topics 1 to 4, 8.b]; art. 6:170
PPP 1 Submission – 17 October – Dossier Analysis

WEEK 6(44) Property Rights in Civil Law systems
31 October
(Property) Subjects:
1. The right of ownership.
2. The right of ownership and limited property rights.
3. Real servitude.
4. Personal servitude.
5. The right of usufruct and quasi-usufruct.
6. The rights of use and habitation.
7. The right of superficies.
Required Reading:
S. Van Erp and B. Akkermans: pp. 131-159 (except for pp. 135-137 (2.26- 2.28) and pp. 153-
154 (2.40)) and pp. 211-301 (except for pp. 221, 230- 232 (from 3.18), 233-234 (3.24), 240,
264-279 (from I.C.4), 285-301).
Questions for Class Discussion:

• What are property rights?
• What is the right of ownership and how is it regulated in German and French law?
• What is a limited property right, and which is its relationship with the right of
ownership?
• What is a real servitude, and which are its requirements?
• What is a personal servitude and which types of personal servitude exist?
• What are the rights of usufruct and quasi usufruct and how are they regulated in
French and German law?
• What are the rights of use and habitation and how are they regulated in French and
German law?
• What is the right of superficies and how is it regulated in French and German law?
• What is rei vindicatio in civil law countries?
BOK TEST MOMENT 1 (31 Oct or 1Nov))
WEEK 7
(45) Discharge of A Contract – Doctrine of Frustration
7 Nov
Subjects
(Contract) 1. Performance
a. Complete / Substantial / Part performance
b. Strict Rule
i. Exceptions to Strict Rule
Separable Contracts / part performance
Substantial performance
2. Agreement
34
a. Unilateral Agreements
b. Bilateral Agreements
3. Frustration (Supervening Events)

a. Strict liability for Contractual Obligations
b. Doctrine of Frustration/Force Majeure / Hardship
i. Impossibility of performance
ii. Illegality in Performance
iii. Non-occurrence of central event
c. Limitations on Doctrine of frustration
i. Frustration self-induced
ii. Contract merely more difficult to perform
iii. Foreseeable risk of frustrating event
Required Reading:
Course Textbook
Chapter 11
Dutch Law:
Frustration: Art 6:74; Art 6:75; 6:78; 6:79
Hardship: Art 6:258; Art 6:260;
English Common Law

Re Moore and Landauer [1921] 2 KB 519
Cutter v Powell (1795) 6 Term Rep 320
Paradine v. Jane (1647) Aleyn 26
Taylor v. Caldwell [Beale et al pp.1107 -1109]
Krell v. Henry [Beale et al pp. 110 – 1115]

What is discharge of contract
How can a contract be discharged?
What is performance?
What is discharge by operation of Law?
What is frustration?
What is the doctrine of hardship?
Can a contract be discharged by agreement?
What must be established for a contract to be discharged by supervening impossibility?
What are the legal consequences of impossibility of performance?

Was the Poseidon/Megastores contract discharged?
What was the intervening event in the Poseidon/Megastores Case?
Was this intervening event foreseeable?
Did the intervening event frustrate the Poseidon/Megastores contract? If yes, Why? If no,
why not?
35
Give an example of what COULD constitute a frustrating event in the Poseidon/Megastores
case.
How is hardship different from frustration?
Should Poseidon be excused from performance because of what happened?
WEEK 8 Causation and Burden of Proof

(46)
14 Nov Subjects:
(Tort) 1. Causation:
a. Causation in fact (conditio sine qua non)
b. Causation in law
i. UK: ‘thin skull’ rule and intervening events
ii. NL: ‘adequation’ theory, multiple causality and alternative causality
iii. Joint and several liability
2. Burden of Proof:
a. Who has the burden of proof?
b. What are the techniques used to relieve the burden of proof?
Required reading:
• Bermingham and Brennan, 2022 – Chapter 4 on Causation and Chapter 3 on Breach
of Duty [topic 3.2].
• Dutch Civil Code – art. 6:98, 6:99, 6:102
• Text & Commentary [Dutch] Civil Code – art. 6:98, 6:99, 6:102
PPP 2 Submission – 14th November – Stakeholder Analysis

WEEK 9 Property Rights in Common Law systems
(47)
21 Nov Subjects:
(Property) 1. Land: from a numerus clausus of property rights in land to licenses over land.
2. Goods: from title to security rights over goods.
3. Comparing with civil law systems: no concept of ownership in English law and the
numerus clausus principle. The common status of lease in different systems.
Required Reading:
S. Van Erp and B. Akkermans: pp. 302-361.

• How are “estates” considered in land in terms of property rights?
• What are the licenses over land?
• How is the question of title on a good and the period of validity of that title
treated?
• What are servitudes over goods?
• What are the reasons of not having any concept of ownership in English law?
36
WEEK 10 Vitiating Elements When is a contract not enforceable?
(48) Subjects:
28 Nov 1. Avoidance
(Contract) 2. Defects of Consent
a. Mistake
b. Fraud
c. Threats
d. Undue Influence
e. English Doctrine of Misrepresentation
3. Void contracts
4. Voidable contracts
5. Prohibited contracts - Immorality / Illegality
Required Reading:
Course Textbook
Chapters 9 and 10
Dutch Law:
Mistake: Art 6:228,
Fraud: Art 3:44 (3)
Threat: Art 3:44(2)
Undue Influence Art 3:44(4)
Immorality / Illegality: Article 3:40
English Common Law:
Mistake: Smith v Hughes; Couterier v Hastie (1856) 5 HL Cas 673.
Cooper v Phibbs (1867) LR 2 HL 149; Bell v Lever Bros Ltd [1932] AC 161
Misrepresentation: Derry v Peek (1889) 14 App Cas 337, HL; Hedley Byrne & Co Ltd v
Heller & Partners Ltd [1964] AC 465
Duress: Barton v Armstrong [1976] AC 104; Occidental Worldwide Investment Co. v
Skibs AIS Avanti (The Sibeon and The Sibotre) [1976] 1 Lloyd's Rep 293
Undue Influence: Allcard v Skinner (1887) 36 CH D 145
Immorality / Illegality: Re Mahmoud and Ispahani [1 (1921) 2 K. B. 731]; Oscanyan
v Arms Company. 103 U.S. 261

WHO would want to avoid the contract in the Poseidon/Megastores Case?
Was there a mistake affecting both parties that can be used as a ground for avoidance?
Would you say that Megastores was fraudulent and therefore Poseidon can avoid the
contract?
What about Duress? Was there pressure on either of the parties?
What about direct threats?
Who can declare the contract Void for a defect of consent? What effect will this have
on the Poseidon/Megastores Agreement? What’s the difference from a voidable
contract situation?
37
Revision Tests on Blackboard
• Test 6 – Vitiating Elements, Prohibited Contracts
BOK TEST MOMENT 2 (5th or 6th Dec - Week 14)
WEEK 11 Damages and Remedies
(49)
5th Dec Subjects:
(Tort) 3. Purpose
4. Remedies
5. Damages
a. Pecuniary
b. Non-pecuniary
6. Injunctions
Required reading:
• Bermingham and Brennan, 2022 – Chapter 17 on Remedies and Limitation [until
topic 17.6].
• Dutch Civil Code – art 6:95, 6:96, 6:103, 6:106, 6:107, 6:108
• Text & Commentary [Dutch] Civil Code – art 6:95, 6:96, 6:103, 6:106, 6:107, 6:108
PPP3 – 5th December – Legal Position of Parties

Week 12 Creation of Property Rights
(50)
12th Dec Subjects:
(Property) 1. Derivative and original acquisition of property.
2. Accession.
3. Accession of movables to land and the right to removal.
4. Commingling.
5. Specificatio.
6. Acquisitive prescription of ownership.
Required Reading:
S. Van Erp and B. Akkermans: pp. 617 - 725 (except for pp. 620-625(from 7.2), 632-633, 636
(7.10), 639-650, 663-670, 671-672 (from 7.21), 674-675 (7.23), 678-679 (from 7.26 to 7.28),
680-681 (7.29), 694-702 (until IV. Acquisitive Prescription), 716, 722 (7.64)).

• How are property rights created?
• What is the difference between derivative and original acquisition of property?
• Which are the main instances of original acquisition of property?
• What is the accession of movables to land? How is it regulated in the German,
French and English legal systems?
• What is the acquisitive prescription of ownership and how is it regulated in the
French legal system?
38
• What is the commingling and how is it regulated in the German and French legal
system?
• What is the specificatio and how is it regulated in the German and French legal
system?
•
WEEK 13 Remedies: What are the contractual remedies for breach?
(51) Subjects:
19th Dec Breach
(Contract) 1. Minor and major breach
2. Breach of Warranty
3. Breach of Condition
Non-performance of contract may lead to claim for a remedy
4. Purpose of remedies
5. Types of remedies
6. Focus of lecture
a. Damages / Specific Performance
7. Damages
a. General measure of damages
b. Liquidated and unliquidated damages
c. Liquidated damages must not be penalty
d. Unliquidated damages
i. Causation
ii. Remoteness
iii. Mitigation
Specific Performance
e. Rationale for specific performance
f. Under the common law = Discretionary Remedy
g. Under Civil Law = Right of the Injured party
Termination of the Contract
Required Reading:
Course Textbook
Chapters 12 and 13
Dutch Law:
Damages: Art 6:74; Art 6:97; Art 6:98.
Specific Performance: Art 3:296
Termination:
English Common Law:
Damages: Addis v Gramophone Co Ltd [1909] AC 488, per LJ Atkinson; Dunlop
Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1914] UKHL 1; Hadley v
Baxendale [1854] EWHC J70
Specific Performance: Nutbrown v Thornton (1804) 10 Ves 159.
Termination: Robinson v Harman [1848] 154 ER 363; Addis v Gramophone Co Ltd
[1909] AC 488, per LJ Atkinson
39
Damages: Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1914] UKHL 1;
Hadley v Baxendale [1854] EWHC J70; Beswick v Beswick [1967] UKHL 2
Integrated project Questions

What’s the situation in the Poseidon/Megastores case? Is either of the parties in breach of
a condition?
Assuming either of the parties does not perform, is that a breach?
What kind a remedy can Megastores ask for, and why?
Is this a specific performance type of situation? If yes, why so? If not? Why not?
Is this a liquidated or unliquidated damages type of situation?
What is the measure of damages that either of the parties can expect in a contract law
case?
Can Poseidon simply terminate the contract?
Revision Tests on Blackboard

Test 8 – Contractual Remedies for breach
CHRISTMAS BREAK
WEEK 14 Defenses and European Product Liability
(2)
9th January Subjects:
(Tort) 1. Defenses
a. Contribution from the victim
b. Volenti non fit injuria
c. Ex turpi causa non oritur actio
d. Consent
e. Self-defense
f. Necessity
2. Product Liability
a. What is a defective product?
b. Who is the producer?
c. What is the level of harmonization in Europe?
d. The European PL-Directive of 25 July 1985.
e. Similarities and distinctions with the UK and NL
Required reading:
• Bermingham and Brennan, 2022 – Chapter 11 on Trespass to Persons [topic 11.3];
Chapter 6 on Defences to Negligence; Chapter 10 on Product Liability
• Dutch Civil Code – art. 6:97, 6:100, 6:101, 6:102, 6:109, 6:110
• Text & Commentary [Dutch] Civil Code – art. 6:97, 6:100, 6:101, 6:102, 6:109,
6:110, section 6.3.3
• European Product Liability Directive – art. 1 to 11, 13, 15, 16.
Extra reading:
• Cess van Dam, European Tort Law, 2 ed, 2013 – Chapter 14 on Liability for Movable
Objects [topic 1406 to 1411].
40
WEEK 15 Transfer and destruction of Property Rights
(3)
23 Jan Subjects:
(Property) 1. Transfer systems.
2. Transfer of ownership for security purposes
3. Transfer of property rights in land and land register.
4. Creation of limited property rights.
5. Comparative overview (adding the publicity of the land register and the effect of
registration).
6. Destruction of the object (res) in civil law and common law.
7. Destruction of the property rights without destruction of the object (res).
8. Civil law:
a. Creation.
b. Third party protection (good faith purchase/acquisition).
c. Abandonment.
d. Merger of rights.
e. Termination of rights.
f. Extinctive prescription.
g. Realization of a property right.
9. Common law:
a. Limitation.
b. Satisfaction of judgment inconversion.
c. Good faith purchase.
d. Estoppel.
e. Abandonment.
Required Reading:
• S. Van Erp and B. Akkermans: pp. 505-509, 511-515, 516-519, 783-795, 797, 799-
818, 844-901, 911-1010 (except for pp. 914-915, 920 (9.6), 927 (9.13), 938-948
(from 9.25 until II.B.3), 956-958 (until II.B.4), 960-961 (9.48), 964-965 (until II.B.5),
966-967 (II.B.5.c), 974-977 (from 9.67), 984-985, 988- 1004 (from9.84).
• The End of Ownership, Chapter 1, Perzanowski A., Schultz P., Available at
goo.gl/kch4No

• Can payment of money be considered as a transfer of property?
• What is the “consensual system of transfer”?
• How does traditio vera function?
• How to transfer land properties? What is the land register for?
• What are the limited property rights?
• How can property rights be destroyed?
• Which is the distinction between destruction of the object (res) and destruction of
the property right without destruction of the object (res)?
41
• In which ways can an object (res) be destroyed in civil law and common law
jurisdictions?
• How can a property right be destroyed without the destruction of the object (res) in
France, Germany, and England?
PPP3 – 23 Jan – General Report
BOK TEST MOMENT 3 (30 or 31 Jan)
8. MODULE ELEMENT: INTEGRATED PROJECT
8.1. Introduction
Welcome to the Integrated project: ‘The Case of the Missing Televisions Project’ in the ‘Advising in
Commercial Disputes’ element of Private Law 1 This Project contributes to your development of the LAW
competences of Analysis and Advice. The client is Poseidon Electronics and you are a Legal Assistant in
the Risk Management Department.
The Integrated Project is centered on a commercial transaction incident involving Poseidon Electronics
and Megastores. Poseidon is facing potential contract, tort and property liabilities due to a mishap
involving a delivery of televisions ordered by Megastores in the United Kingdom
Developing your ability to understand, respond to, analyze and provide advice to private parties who are
confronted with transactional problems is the key learning objective of thus Integrated Project. By
applying the knowledge gained from your Contract, Tort and Property classes with practical skills in tasks
associated with the Integrated Project tasks, you are introduced to the knowledge, skills and attitude
expected of entry level professionals in private sector organizations or in transactions organized under
private law. (For a full description of the competences see Section 4 above)
In particular you will focus on the skills of receiving and analysing a dossier (Learning objectives 1&2)
from the client; analysing and managing the interests of stakeholders involved or affected (Learning
Objectives 3&4) by the case at hand; conducting a legal analysis (learning objective 4) of the legal
questions arising; and providing advice about what steps to take in a report (Learning objective 5)to the
client. You will be assessed in each of these areas in your Portfolio of Professional Products. In addition,
you will learn to interact and cooperate as a team, .(Learning objective 6). a highly valued ability in any
organisation in the group simulated professional performances. Your performance as a team will be
assessed by your peers and tutor.
You are ONLY asked to solve specific elements of this case and NOT THE ENTIRE CASE. Please focus only
on WHAT you are asked to do! In Contract your investigation and advice is limited to the effect of the
occurrence of an unexpected event on the obligations of Poseidon in the transaction. In Tort you are
limited to the question of the responsibility of Poseidon for the actions of Arion for the damages incurred
by Ms. Monjeau. In Property you are limited to the question of who owns the televisions in the
circumstances of the case.
42
You will be prepared to carry out these tasks in the General Assemblies; Body of Knowledge Classes and
Workshops; Skills Workshops; Tutorials and mandatory guest lectures.
43
8.2. The Case of the Missing Televisions
IMPORTANT!
YOU ARE NOT BEING ASKED TO SOLVE THE ENTIRE CASE!
FOCUS ONLY ON THE SPECIFIC ISSUE YOU ARE ASKED TO RESPOND TO IN THE DESCRIPTION
OF THE DELIVERABLE.
THE CASE OF THE MSSING TELEVISIONS - WHAT HAPPENED?
A Contract for the sale of 200 Samsung Televisions between Poseidon Electronics in France and
Megastores in London runs into trouble due to an accident and a theft en route to delivery. Poseidon
Electronics in France calls a Crisis Meeting with Sales and Legal on what to do.
The problem is threefold:
(1) the effect of the occurrence of an unexpected event on the transaction; (2) liability arising out
of the accident; (3) recovery of goods.
WHAT ARE YOU ASKED TO DO?
Your supervisor calls you to her office and provides you with a file of all the relevant documents. She asks
you to do the following:
1. Prepare a General Report on the Incident for the Risk Management Committee of Poseidon
Electronics.
2. This General Report will be based on (1) a Dossier Analysis, (2) a Stakeholder Analysis (3) Legal
Position (4) Advice and Plan of Action. Each of these elements has an Individual Work element
(Portfolio of Professional Products) and a Group Work element (Simulated Professional
Performance) which will be graded.
3. Your Portfolio of Professional Products (PPP) will consist of your Project deliverables (as described
above), collated in your General Report to the Corporation.
4. Your General Report will comprise of the following sections:
4.1. Section 1 – Introduction and description of problem in Contract, in Tort and
in Property arising from the facts of the case (Dossier Analysis and Summary
of Facts of the Case)
4.2. Section 2 – Weighing of Interests (Stakeholder Analysis and Engagement
Strategy)
4.3. Section 3 – Legal Analysis of Issues Arising (Legal Position of Parties)
4.4. Section 4 – Advice and Plan of Action for the BOD
5. Your Simulated Professional Performances (SPP) comprises of a series of team
meetings.
6. You will find descriptions and grading rubrics for all of these elements in this course
description.
APPLICABLE LAW
• Contractual Elements – English Law

• Tort Elements – Dutch Law
• Property Elements – French Law
44
8.3. Integrated Project Learning Objectives 1-6
You will develop your competences of Analysis and Advice in a commercial context by doing the following:
1. Identifying legal facts from a narrative by reviewing a corporate dossier on a commercial
incident.
2. Identifying the main Contract, Tort and Property Problems arising from the commercial incident.
3. Identifying key stakeholders and devising a communication strategy
4. Analysing the contract tort and property legal issues arising from the commercial incident and
arriving at legal conclusions.
5. Providing Advice in a Report to the Corporation.
6. Preparing to present a plan of action as a team to the Corporation.
What new skills are you learning?

You will learn the following Skills this course:
• Dossier Analysis
• Stakeholder Analysis
• Legal Analysis (IRAC)
• Conducting Peer Reviews
• Drafting a Report
8.4. Overview Integrated Project Deliverables

Assignment Type Due Date
1 Dossier Analysis PPP - 1 Submit Dossier Analysis - (9:00 am Monday 1`7 Oct)
SPP - 1 Dossier Evaluation Meeting and Peer Review - Tutorial
No.2 - Submit Peer Review in Brightspace (9:00am
23:55 23rd October)
2 Stakeholder Analysis PPP - 2 Submit Stakeholder Analysis - (9:00 am Monday 14
November)
SPP - 2 Stakeholder Analysis Meeting and Peer Review -
Tutorial No.3 - Submit Peer Review in Brightspace
(9:00am Monday 21 November)
3 Legal Position of Parties PPP - 3 Submit Legal Position of Parties - (9:00 am Monday 5th
December)
SPP - 3 Legal Position of Parties Meeting and Peer Review-
Tutorial No.4 - Submit Peer Review in Brightspace
(9:00am Monday 12 December)
4 Advice and Plan of Action PPP - 4 Submit Advice/POA General Report
(9:00 am Monday 23 January)
45
SPP - 4 Advice and POA for Board of Directors Meeting and
Peer Review - Tutorial No.5 - Submit Peer Review in
Brightspace (9:00am 30 Jan)
8.5. Guidance for Deliverables
For each Deliverable you are provided with the three advisory items to help you to complete the tasks in
the Integrated Project as follows:
Advisory Item Study Guide

Explanation of the An explanation of the tutorial activity, things to take note of, self-study
1
Deliverable required, the point distribution and general instructions and
2 Key Questions Key questions to guide you as you undertake your assignment.
A grading rubric that explains how the indicators that result in your
3 Grading Rubric
overall grade are assessed.
46
8.6. Deliverable No. 1: Dossier Analysis
8.6.1. Explanation: Dossier Analysis
Grade Distribution /Instructions
Points Learning Objectives PPP/SPP Presentation

Contract Law Learning Outcome 1 • Individual Work: Conduct a Dossier Students are at
35 Identifying facts from a narrative Analysis guided by the Key Questions liberty to choose
by reviewing a corporate dossier in the Evaluation of Personal the format that the
on a commercial incident. Professional Product Rubric. Dossier Analysis will
• Complete your analysis by providing take.
Learning Outcome 5 a separate summary for each of the
Tort Law Providing Advice in a Report to Contract, Tort and Property fact Diagram
30 Points the Corporation patterns arising from the Commercial Infographic
Transaction Written text.
SPP – The Dossier Evaluation Group This will go into

Property Law Meeting will take place in your 2nd Section 1 of your
35 Points Tutorial. Read the Instructions for General Report
the Evaluation of Simulated
Professional Performance
• SPP Peer Review assessments should
be filled in at the end of the
Tutorial No.2
Tutorial Activity Things to take note of:

Preparation for Dossier How do I Conduct a Dossier Analysis? What are the pieces of data that help me
Analysis to reconstruct what happened? What pieces of data point to the Contract law
Discussion and Check -in Elements? What pieces of data point to the Tort Law elements and what pieces
of data point to the Property Law elements? What is my summary of the
Contract Law Fact pattern? What is my summary of the Tort Law fact pattern?
What is my summary of the Property Law Fact pattern?
Dossier File is available in Brightspace- See Annex 1 for List of Data Points.
47
8.6.2. Key Questions: Dossier Analysis
Key Questions Identify and Motivate relevant Dossier Elements

Relevant Relationships
Which is the ‘relevant’

relationship for your • Indicate the ‘Dossier” data points that show the Contract / Tort /
Contract Law / Tort Law Property law relationships
/ Property Law review?
• Contract
• Indicate the ‘Dossier’ data points that show whether a
promise was made to another party? Who is this party?
• Indicate the ‘Dossier’ data points that show whether or not
that promise was accepted. Who is this party?
• Indicate dossier points that show intervening events.
Who are the
Parties to Dispute
• Tort
Contractual, Tortious
and property related • Indicate the ‘Dossier’ data points that show whether a party
parties? suffered harm. Also elaborate on:
o Who is the party who suffered the harm?
o Who is the party who might have caused the harm?
• Property
• Indicate the ‘Dossier’ data points that show the relationship
related to Property Law
• Possession – who has possession (actual physical control)
over the objects?
• Ownership – who owns the objects?
Provide a short
Fact Pattern
summary the Contract,

Summary derived from overview of dossier documentation.
Tort, and Property
aspects of the case.
48
8.6.3. Grading Rubric (PPP): Dossier Analysis
Learning Outcomes 1 and 5
Weight You must do

Your Product is You are where Your product is
Learning Outcomes Criteria in more work to
Sufficient you should be Exemplary
Points pass
Learning Outcome
1. Identifying facts 1 20 1 – 11,4 11,5 – 14,4 15 – 16,9 17 - 20
from a narrative by
reviewing a
corporate dossier 2 20 1 – 11,4 11,5 – 14,4 15 – 16,9 17 - 20
on a commercial
incident 3
20 1 – 11,4 11,5 – 14,4 15 – 16,9 17 - 20
Learning Outcome 4 15 1 – 7,9 8 – 10,9 11 – 13,9 14 – 15

5
Providing Advice in 5 10 1 – 5,4 5,5 – 7,4 7,5 – 8,4 8,5 - 10
a Report to the
Corporation 6 15 1 – 7,9 8 – 10,9 11 – 13,9 14 – 15
Criteria Weight You must do Your product is You are where Your product
Learning more work to sufficient you should be is exemplary
outcome pass
Learning 1. 20 Includes none of Includes and Includes and Includes and
Outcome 1. Identificatio the data points cites less than most of the data cites all the data
Identifying n and relating to half of the data points relating points relating
legally categorizatio contractual points relating to contractual to contractual
relevant facts n of obligations to contractual obligations obligations
from a contractual arising. obligations arising. arising.
narrative by arising.
obligations
reviewing a
data points
corporate
dossier on a from the
commercial dossier
incident. 2. 20 Includes and Includes and Includes and Includes and
(Identify main Identificatio cites some of cites less than cites most of the cites all the data
parties and n and the data points half of the data data points points relating
relevant categorizatio relating to tort points relating relating to tort to tort
documents) n of Tort obligations to tort obligations obligations
obligations arising. obligations arising. arising.
arising.
data points
from the
dossier
3. 20 Includes and Includes and Includes and Includes and
Identificatio cites some of cites less than cites most of the cites all the data
n and the data points half of the data data points points relating
categorizatio relating to points relating relating to to property
n of property to property property
49
Property obligations obligations obligations obligations
obligations arising. arising. arising. arising.
data points
from the
dossier
Learning 4. 15 Provides an Provides a Provides a Provides a
Outcome 5 Summary of incomprehensiv moderately mostly comprehensive
Providing the fact e or comprehensive comprehensive and logically
Advice in a pattern unstructured and structured and logically structured
Report to the relating to summary with summary, with structured summary, with
Corporation the several few summary, with no grammatical
contractual grammatical or grammatical or no grammatical or spelling
Put the facts obligations spelling errors, spelling errors, or spelling errors, of all the
into a in the case of the facts of most of the errors, of most facts relevant to
narrative form relevant to the facts relevant to of the facts the contractual
contractual the contractual relevant to the obligations
so the client
obligations obligations contractual arising from the
can
arising from the arising from the obligations transaction
understand transaction transaction arising from the
what transaction.
happened.
5. 10 Provides an Provides a Provides a Provides a
Summary of incomprehensiv moderately mostly comprehensive
the fact e or comprehensive comprehensive and logically
patten unstructured and structured and logically structured
relating to summary with summary, with structured summary, with
the Tort several few summary, with few
obligations grammatical or grammatical or few grammatical or
in the case spelling errors, spelling errors, grammatical or spelling errors,
of the facts of most of the spelling errors, of most of the
relevant to the facts relevant to of most of the facts relevant to
tort obligations the tort facts relevant to the tort
arising from the obligations the tort obligations
transaction. arising from the obligations arising from the
transaction arising from transaction
transaction
6. 15 Provides an Provides a Provides a Provides a
Summary of incomprehensiv moderately mostly comprehensive
the fact e or comprehensive comprehensive and logically
patten unstructured and structured and logically structured
relating to summary with summary, with structured, with summary, with
the Property several few few few
obligations grammatical or grammatical or grammatical or grammatical or
in the case spelling errors, spelling errors, spelling errors, spelling errors,
of the facts of most of the of most of the of most of the
relevant to the facts relevant to facts relevant to facts relevant to
property the property the property the property
obligations obligations obligations obligations
arising from the arising from the arising from the arising from the
transaction. transaction transaction transaction
50
8.6.4. Grading Rubric (SPP): Dossier Analysis
Learning Outcome 6
Instructions:
1. The Dossier Analysis Meeting takes place after submission of your individual Dossier analysis.
2. This Meeting takes place during the 2rd Tutor Group Meeting.
3. Please note that non-attendance will result in an automatic zero Tutor SPP Grade. Attendance
is defined as being present for the entirety of the Tutor Group Meeting.
4. As a group, work through all the Key questions and the dossier documents.
5. As a group finalize your Dossier Analysis which serves as Section 1 of the Report for the Board.
Assessment
1. Objective: The focus of your assessment in the Simulated professional Product is the
effectiveness of your participation in the Process and not just in the final product.
2. As such you are asked to evaluate your peer’s teamwork skills as well as your contributions to
the group process. Please use the Group Work Assessment Tool in Annex 1 of this Course
Description.
3. Your Tutor will also grade the work of the Group in line with the Group Assessment Rubric
below
4. The Peer Review is due by 23:55 Sunday the 23rd of September.
5. The aggregated final Score is 30% Peer Evaluation. 70% Tutor Grade.
6. See Grading Rubric SPP in Deliverable 1
You must do
Weight Your Product is You are where Your product is
Learning Outcomes Criteria more work to
in Points Sufficient you should be Exemplary
pass
Learning Outcome
6. Preparing to 1 5 1 – 2,4 2,5 – 3,5 3,6 – 4,5 4,6 – 5.0
present a plan of
action as a team to 2 5 1 – 2,4 2,5 – 3,5 3,6 – 4,5 4,6 – 5.0
the Corporation
Learning Criteria Weight You must do Your product You are where Your product
outcome more work to is sufficient you should be is exemplary
pass
Learning 1. 5 Student Student Student Student
Outcome Students research, research, research, research,
6. apply critical outline and outline and outline and outline and
thinking presentation presentation presentation, presentation
Preparing skills to are poorly are somewhat are detailed, are highly
to present organise organized and organized, and organized and detailed,
a plan of and use relevant to the relevant to the relevant to the analytical,
action as a information project project project organized, and
team to gathered questions, are questions. are questions, are relevant to the
51
the from a not well well prepared well prepared project
Corporatio variety of prepared and and questions, are
n sources, and/or completed completed well prepared
including incomplete. with quality with quality and
electronic and creativity and creativity completed to
technology a high degree
of quality and
creativity
2. 5 Students lack Students Students Student’s
Students basic include the writing and writing and
communicat information in basic presentation presentation
e in written their writing information in is informative, are engaging
oral and and their writing using correct and
visual forms presentation, and terminology, informative,
does not use presentation, and considers using correct
correct use some the clients’ terminology,
terminology terminology point of view. various forms
and does not correctly and of media and
consider the considers the considers the
clients’ point client’s point clients’ point
of view. of view. of view.
52
8.7. Deliverable No. 2: Stakeholder Analysis (PPP2)
8.7.1. Explanation: Stakeholder Analysis
Grade Distribution/ Instructions

Course Element Learning Outcomes PPP/SPP Presentation
Stakeholder Analysis Learning Outcome 3 • PPP - Individual Work Students are at liberty to
50 points Identifying key • Conduct a Stakeholder Analysis guided choose the
stakeholders and by the Key Questions. format that section 2 will
devising • Clearly motivate your ranking of the take.
Engagement Plan communication various stakeholders.
strategy strategy • Prepare an Engagement Plan for The Format for your final
30 points Stakeholders. submission to the BOD is
Learning Outcome 5 • PPP Submission is due by 9:00 am at your discretion so long
Providing Advice in a Monday in week 11 as the Elements listed in
Presentation Report to the the Stakeholder Analysis
20 Points Corporation • SPP – The Dossier Evaluation Group Grading Rubric are
Meeting will take place in your 3rd clearly demarcated for
Tutorial. Read the Instructions for the grading purposes.
Evaluation of Simulated Professional
Performance This will go into Section 2:
• SPP Peer Review assessments should be Legal Issues and
filled in and submitted at the end of the interests of the General
Tutorial. Report

Preparation Stakeholder Analysis – What is it? Why should I conduct a Stakeholder Analysis? What is the
for Stakeholder link to the Competence of Analysis and Advising?
Analysis Meeting Please watch this short video-clips:
Discussion and Check - https://youtu.be/gc55hPIFW8w
in Do I understand the different types of Stakeholders?
Do I understand the different power/ interest stakeholders may have in a business?
Do I understand three steps of stakeholder Analysis: (1) identification of Stakeholders, (2)
Prioritization of Stakeholders and (3) Devising a communication strategy regarding each
stakeholder?
How does a Stakeholder Analysis help me in my Advisory Role towards my client?
53
8.7.2. Key Questions: Stakeholder Analysis
Key Questions
Identify
[1] Identify: Who are the Stakeholders in this dispute and why do they matter?
[2] Stakeholder Mapping

Prioritize: Categorize your stakeholders by assessing the POWER and INTEREST the
Stakeholder has in the business.
You are encouraged to come up with your own indicators: Below is just an example of
indicators for mapping stakeholder. It is Important that you motivate your ranking.
Prioritize
POWER
How much power does the stakeholder hold over the business?
INTEREST
How much interest does the stakeholder have in the activities of the business?
Communicate: What do you need to do to communicate and win buy-in from each type of
stakeholder?
Engagement Plan
Draw up an engagement plan covering these three questions:

1. What motivates the Stakeholder?
2. How does this transaction align with their interests/ priorities?
3. If they have a negative view of the results of this transaction, does it matter? What
should be done to manage this?
54
8.7.3. Grading Rubric: Stakeholder Analysis (PPP2)
Learning Outcome 3 and 5
Learning Criteria Weight You must do Your Product You are where Your product is
Outcomes in Points more work to is Sufficient you should be Exemplary
pass
Learning Outcome 1
10 1 – 5,4 5,5 – 7,4 7,5 – 8,4 8,5 – 10
3.
Identifying key
2
stakeholders and 40 1- 21,5 22 – 30,5 31 – 35,5 36 – 40
devising
communication 3
strategy 30 1 – 15,4 15,5 – 20,9 21 – 25,9 26 – 30
Learning Outcome
5.
Providing Advice in 4 20 1 – 11,4 11,5 – 14,9 15 – 16,9 17 – 20
a Report to the
Corporation
Criteria Weight You must do Your You are Your product

Learning more work product is where you is exemplary
outcome to pass sufficient should be
Learning 1. 10 Did not Identify Identified Identified most Identified all key
Outcome 3. Identified key key some key stakeholders.
stakeholders stakeholders. stakeholders stakeholders.
Identifying key
stakeholders
and devising
communication
strategy
2. 40 Did not Prioritized and Prioritized and Prioritized and
Prioritized prioritize or mapped the mapped the mapped the interests
and analysed map the interests of interests of most of all key
the interests interests of any some key stakeholders stakeholders clearly
of Key key stakeholders clearly Identifying their
Stakeholders stakeholders clearly Identifying their power and interest in
Identifying power and outcomes of the
their power interest in dispute.
and interest in outcomes of the
outcomes of dispute
the dispute.
55
3. 30 Did not write an Wrote an Wrote an Wrote an engagement
Wrote an engagement engagement engagement plan based on the
engagement plan based on plan that is not plan that is preceding analysis
plan based the preceding clearly clearly with
on the analysis connected to connected to some specific
preceding the preceding the preceding recommended
analyses analysis. analysis actions that are
congruent with the
stated policy.
Learning 4. 20 Submitted an Submitted a Submitted a Submitted a

Outcome 5 Submitted a incomprehensiv moderately mostly comprehensive and
Providing well e or comprehensiv comprehensive logically structured
Advice in a written product using proper
unstructured e and logically and logically
Report to the product terminology,
Corporation product structured structured grammar, and
using proper
terminology, containing product using product using sentence structure
grammar, numerous mostly proper proper with no errors.
and grammatical terminology, terminology,
sentence errors, but with some grammar,
structure. poor syntax, minor and sentence
and grammatical structure
Inappropriate and syntax
terminology. errors
8.7.4. Grading Instructions: Stakeholder Analysis (PPP2)

Learning Outcome 6
Instructions:
6. The Stakeholder Analysis Meeting takes place after submission of your individual stakeholder
analysis.
7. This Meeting takes place during the 3rd Tutor Group Meeting.
8. Please note that non-attendance will result in an automatic zero SPP Grade. Attendance is
defined as being present for the entirety of the tutorial group meeting.
9. As a group, work through all the Key questions and the dossier documents.
10. As a group finalize your Stakeholder Analysis which serves as Section 1 of the Report for the
Board.
Assessment
8. As such you are asked to evaluate your peer’s teamwork skills as well as your contributions to
Description.
56
9. Your Tutor will also grade the work of the Group in line with the Group Assessment Rubric
below
10. The Peer Review is due by the Monday morning following your tutorial at 9;00 am
57
8.8. Deliverable No. 3: Legal Position of Parties
8.8.1. Explanation: Legal Position of Parties

Grade Distribution/ Instructions
Course Element Learning Outcomes PPP / SPP Presentation
Contract Law Learning Outcome 4 REMEMBER ONLY FOCUS ON THE Written text.
30 Points Analysing the contract tort and SPECIFC LEGAL ISSUE THAT YOU ARE and no more than
Tort Law property legal issues arising ASKED TO RESPOND TO 1200 – 1800 words
30 Points and arriving at legal (excl. footnotes)
conclusions. PPP - Individual Work OSCOLA citations
Property Law • Contract: prepare a legal analysis on
30 Points Learning Outcome 5 the issue of the effect of the This will go into
Providing Advice in a Report to occurrence of an unexpected event Section 3 of your
the Corporation on the obligations of Poseidon in the General Report –
transaction. Analysis of Legal
Issues
• Tort: prepare a legal analysis on the
issue of responsibility of Poseidon
for the actions of Arion for the
damages incurred by Ms. Monjeau.
• Property: prepare a legal analysis on

the issue of who owns the televisions
in the circumstances of the case.
SPP – Group Work

• SPP – The Legal Position Meeting
Group Meeting will take place in your
4th Tutorial. Read the Instructions
for the Evaluation of Simulated
Professional Performance
• SPP Peer Review assessments should
be filled in as indicated in
Brightspace. Week 15.
Communication
and Presentation
10 Points
58
Tutorial Activity Self-Study
Preparation for legal position What is legal analysis? How does it relate to the competences of
meeting Analysis and Advice? When delivering advice to a client, which
discussion and check-in. should you do first: analysis or advice? What does IRAC stand for?
Why is this a useful way to approach finding legal solutions to legal
issues?
8.8.2. Key Questions: Legal Position of Parties
Key Questions
REMEMBER ONLY FOCUS ON THE SPECIFC LEGAL ISSUE THAT YOU ARE ASKED TO
RESPOND TO!
What is the legal issue presented in the Teaching Scenario? In other words, what are the
Legal question that determine the obligations owed in this case? Please state the
Issue
question in specific terms (i.e., mentioning the names of the parties). If there is more
than one issue, then you should develop separate legal questions for each of the issues.
(a) Contract Law (Non-Performance due to intervening event)
(b) Tort Law (liability of the employee for the actions of a subordinate)
(c) Property Law (Possession and ownership rights)
What law or test applies to the issue(s)? Please state the rule as a general principle of law
Rule
applicable to the case and not as a conclusion to the legal question(s).

When relevant, indicate which legal norm(s) is/are applicable to the problem.
Application
Applying the Rule(s) to the facts of the problem or question. You should
use the facts to explain how the rule leads to the conclusion. Discuss both sides.
of the case when possible.
Conclusion
What is your answer to the Issue? State the result of your analysis. This is your
conclusion(s).
59
Have I used the Oxford University Standard for Citation of Legal Authorities accurately for
OSCOLA
all my references?
https://www.law.ox.ac.uk/oscola
60
8.8.3. Grading Rubric (PPP3)
Learning Criteria Weight You must do Your Product You are where Your product
Outcomes in Points more work to is Sufficient you should be is Exemplary
pass
Learning 1 30 1 – 15,4 15,5 – 20.9 21 – 25,9 26 - 30
Outcome 4.
2 15 1 – 7,9 8 – 10,9 11 – 13,9 14 – 15
Analysing the
contract tort and 3 30 1 – 15,4 15,5 – 20.9 21 – 25,9 26 - 30
property legal
issues arising and 4 15 1 – 7,9 8 – 10,9 11 – 13,9 14 – 15
arriving at legal
conclusions.
Learning 5 10 1 – 5,4 5,5 – 7,4 7,5 – 8,4 8,5 - 10
Outcome 5
Providing advice
in a report to the
corporation
Criteria Weight You must Your product You are where Your
Learning do more is sufficient you should be product
outcome work to is
pass exemplary
Learning 1. 10 The The area of The area of law The area of
Outcome 4. The issue section relevant law is correctly and the legal law and the
identifies the area of area of law identified but problem(s) to be legal
Analysing the law that is relevant is not the statement addressed are problem(s)
contract tort to the specified identified. does not identified but the to be
and property problem question, clearly description of the addressed
legal issues 10 describe the problem(s) is not are
mentioned the
arising and legal clear or is identified
determinative facts
arriving at legal problem(s) incomplete. and clearly
(including the legal that need to and
conclusions. relationship be addressed. completely
between the described
parties), and sets up 10
the rest of the IRAC
by clearly describing
the legal problem(s)
that the dispute will
come down to.
61
2. 5 No relevant Some All or most of the All relevant
The rules section legal identification relevant legal legal
identifies the relevant principles of relevant principles and principles
legal principles and have been legal principles their correct are clearly
their source of
identified. but the correct source of explained,
authority. Then, it
source of authority has and their
explains how the rule 5
works, including authority been cited but correct
defining important (Section of Act the explanation of source of
terms that will be or relevant the principles is authority is
applied in the case) has not not clear or is given.
application section. been cited incomplete
5
3. 10 The The discussion The discussion The

The application discussion considers considers the discussion is
section considers each of the facts some of the application of a clear and
legal principle does not relevant legal most of the comprehens
identified in the Rules
refer to any principles but relevant legal ive analysis
section and explains
relevant does not apply principles to the of the
its relevance to the
facts and how it can be legal those key facts, but the relevant
applied or principles principles to arguments are legal
distinguished to 10 the key facts not clear or are principles
support logical to support incomplete and their
arguments about how logical application
the Issue(s) will be arguments to the facts
resolved. The about how the to support
application section
Issue(s) will be logical
should use formal
resolved arguments
logic and take the
reader through how about how
the rule works in this 10 the Issue(s)
particular case in a will be
step-by-step manner. resolved
4. 5 The The conclusion The conclusion is The

The conclusion is conclusion is supported supported by conclusion is
stated and answers is not by some of the most of the well
the issue(s). The stated or is arguments but arguments but supported
conclusion flows not does not the explanation of by
logically from steps supported. explain how how those arguments
in the application they address arguments in the
section. 5 the Issue address the Application
issue(s) is not section and
clear or is clearly
incomplete explains
how those
arguments
62
5 address the
issue(s)
Learning 5. 10 Submitted Submitted a Submitted a well- Submitted

Outcome 5 Submitted a well a poorly basically written an
Providing written product written written product using outstanding
Advice in a using proper product product using proper written
Report to the terminology, containing mostly terminology, product
Corporation grammar, and numerous proper grammar, using proper
sentence structure. grammatica terminology, and sentence terminology,
All Footnotes are in l errors, but with some structure. grammar,
OSCOLA format. poor minor All footnotes are and
syntax, and grammatical in OSCOLA sentence
inappropria and format, with structure
te syntax errors. occasional with no
terminolog Student errors.
mistakes.
y. attempted to All
Contains no adopt OSCOLA footnotes
footnotes, format, but are in
or there is there were OSCOLA
no attempt
several errors. format,
to adopt in
there are no
OSCOLA
format. mistakes.
63
8.8.4. Grading Rubric: Legal Position of Parties (SPP3)
Instructions:
1. The legal position meeting takes place after submission of your individual legal position of
party’s assignment.
2. This Meeting takes place during the 4th Tutor Group Meeting.
3. As a group, work through all the key questions and the dossier documents.
4. As a group finalize and present your joint views on the legal positions of the parties.
Assessment:
5. Objective: The focus of your assessment in the simulated professional product is the
effectiveness of your participation in the process and not just in the final product.
6. As such, you are asked to evaluate your peers’ teamwork skills as well as your contributions to
Description.
7. Your tutor will also grade the work of the group in line with the Group Assessment Rubric below.
8. The Peer Review is due by the Monday morning following your tutorial at 9:00 am.
10. See Grading Rubric SPP in Deliverable 1.
64
8.9. Deliverable No. 4: Advice and Plan of Action
8.9.1. Explanation: Advice and Plan of Action

Grade Distribution/ Key Elements
Format
Learning Outcomes 4,5,
Individual Work • Advice and plan of Action in Contract,
Contract Law Purpose of Each student prepares a Tort, and Property in written text of no
(10 points) damages and Summary for the General more than 1200 - 1500 words (excl.
remedies in Report = Section 4 Advice footnotes)
Contract Law I and Plan of Action • Deliverable 4 is Incorporated into
Tort Law Purpose of Report as Section 4
(10 points) damages and Each Student will collate • Individual Completed General Report is
remedies in Tort the different sections of submitted.
Law the General Report into • Students should ensure that the
Property Law Purpose of ONE Report. different substantive elements of the
(10 points) damages and Report form a coherent consistent
remedies in • SPP – The Advice and narrative across the different subject
Property Law POA Meeting Group matter areas.
Client’s Interests What does the Meeting will take place in • OSCOLA citations
(20 points) Client want to your 5th Tutorial.
achieve? • Read the Instructions for
Advice to Client What should the the Evaluation of
(30 points) client do? Simulated Professional
Communication and FINAL REPORT Performance
Presentation SPP Peer Review
(20 points) assessments should be
filled in and submitted by
9:00am Monday in Week
18.
See Annex 2 for Group
Work Assessment Tool

Preparation to give advice Advising - How do I get it right? What are the client’s options? What is your
to client. recommended course of action?
Discussion and check-in Drafting a Report – What are the elements of a report? How do I make the
report visually appealing and accessible? Are my recommended steps clear?
65
8.9.2. Key Questions
Key Questions
Contract LAW
• What is the measure of damages in Contract?
• What damages is the party not in breach entitled to?
• Must there be a causal link between breach and damages claimed?
Damages and Remedies
Tort Law
• What is the measure of damages in Tort?
• Ari is responsible for what types of damages?
• which other remedies are available to the victim(s)?
Property Law
What remedies are possible in the property law case?
• Can Ms. Lapierre ask a court of law to grant her ownership of the tv?
• Can Poseidon Electronics request a court of law the return of the tv from Ms. Lapierre?
What does the Client want to achieve? Clients’ interests are reviewed to arrive at an
ADVICE 1
articulation of what the Goal of the client is from the perspectives of Contract / Tort an property
What should the Client do?

• Consider your Stakeholder Analysis
• Consider your Analysis of Damages and Remedies
• Consider the position of Poseidon Electronics.
ADVICE 2
What does the client want to achieve?

Is negotiation the best course of action?
Is it a risk to the client to start a civil action which once started escalates the situation and
antagonize the other party
Give a concise summary of your final advice and a plan of action for the Contract, Tort and
Property claims in the Case of the Missing Televisions
Have I used the Oxford University Standard for Citation of Legal Authorities accurately for all my
references?
POWERPOINT
OSCOLA/
https://www.law.ox.ac.uk/oscola
Is the PowerPoint of the proposed plan of action, easy to follow, comprehensive and easy for your
supervisor to use?
66
8.9.3.Grading Rubric: Advice and Plan of Action (PPP4)
Learning Criteria Weight You must do Your Product You are where Your product
Outcomes in Points more work to is Sufficient you should be is Exemplary
pass
Learning 1 15 1 – 7,4 7,5 – 10,4 10,5 – 13 14 - 15
Outcome 4. 15 1 – 7,4 7,5 – 10,4 10,5 – 13 14 - 15
Analysing the 15 1 – 7,4 7,5 – 10,4 10,5 – 13 14 - 15
contract tort and 2 15 1 – 7,4 7,5 – 10,4 10,5 – 13 14 - 15
property legal
issues arising and 3 20 1 – 10,5 11 – 14,5 15 – 17,5 18 - 20
arriving at a legal
conclusion 4 20 1 – 10,5 11 – 14,5 15 – 17,5 18 - 20
Learning
Outcome 5.
Providing Advice
in a Report to the
Corporation
Learning Criteria Weigh You must do Your product You are where Your product
outcome t more work to is sufficient you should be is exemplary
pass
Learning 1. 15 No relevant Some All or most of All relevant legal
Outcome 4. General legal principles relevant legal the relevant principles
Analysing the Purpose of regarding principles legal principles regarding
contract tort Remedies/da damages and regarding regarding damages and
and property mages remedies have damages and damages and remedies are
15
legal issues available are been identified. remedies remedies and clearly explained,
arising and clearly stated have been their correct and their correct
arriving at a from the identified. source of source of
legal perspectives authority has authority is
conclusion Contract, Tort 15 been cited but given.
and Property the explanation
Law of the principles
is not clear or is
incomplete
67
Learning 2. 15 No goal of the Goal of the Goal of the Goal of the Client
Outcome 5 Clients’ client is Client is Client is fully is fully
Providing interests are articulated mostly articulated but articulated, and
Advice in a reviewed to articulated the Motivations the motivations
Report to the arrive at an but no given are not given are very
Corporation articulation of motivation is clear or clear and very
what the Goal given. persuasive. persuasive.
of the client
is.
3. 20 No advice or The advice The advice and The advice and

Advice to the plan of action is and plan of plan of action plan of action
Client given to the action achieves the achieves the
client. attempts to client’s goal and client’s goal and
achieve the is supported by is fully supported
client’s goal, some by arguments
but is not arguments derived from the
supported by derived from stakeholder and
arguments the stakeholder legal analysis.
derived from and legal The Advice is
the analysis. The very clear and
stakeholder Advice is clear motivated.
and legal and mostly
analysis. motivated
4. 20 Submitted a Submitted a Submitted a Submitted an

Submitted a poorly basic written well written outstanding
well written REPORT REPORT REPORT using REPORT
written containing using mostly proper product using
REPORT numerous proper terminology, proper
using proper grammatical terminology, grammar, terminology,
terminology, errors, but with and sentence grammar, and
grammar, and poor syntax, and some minor structure. sentence
sentence inappropriate grammatical structure
structure. All terminology. and with no errors.
Footnotes are syntax errors. All sources are
in OSCOLA attributed. Legal
format. Sources are not Most sources authority All sources are
attributed, or are sources are attributed. Legal
there is no attributed. cited in OSCOLA authority sources
attempt cite The student format but with cited in OSCOLA
legal authority made an some mistakes. format with no
68
sources in attempt to or only minor
OSCOLA format. cite legal mistakes.
authority
sources in
OSCOLA
format
, but there
are multiple
errors in
place.
69
8.9.4. Grading Rubric (SPP4): Advice and Plan of Action
Instructions:
1. The Legal Advice and Plan of Action Meeting takes place after submission of your individual
Advice and POA for the client incorporated as Section 4 of your General Report. You have also
submitted the General Report.
2. This FINAL SPP Meeting takes place during the 5th Tutor Group Meeting.
3. Please note that non-attendance will result in an automatic zero Tutor SPP Grade. Attendance
is defined as being present for the entirety of the Tutor Group Meeting.
4. As a group, in the meeting, work through all the Key questions and the dossier documents.
5. As a group, in the meeting, finalize your Advice and Plan of Action.
6. As a group, in the meeting, give a presentation (it does not have to be a PPT) of your Groups
‘Conclusions’ and ‘Outcomes’ in the CASE of the MISSING TELEVISIONS to the rest of the class.
7. Assessment
9. As such you are asked to evaluate your peer’s teamwork skills as well asl your contributions to
Description.
10. Your Tutor will also grade the work of the Group in line with the Grading Rubric SPP
11. The Peer Review is due by the Monday morning following your tutorial at 9;00 am
70
9. ANNEX
9.1. Annex 1 - Dossier Documentation
ITEMS
Ari’s Driver’s Log
Ari’s Employment Contract
Ari’s Medical Record
Bill of sale horse
Certificate of ownership of the parking lot by Philip Cheng
Confirmation of payment
Contract between Poseidon Electronics and Megastores
Dispatch Memo
Employees’ ID cards (Stella and Ari)
Exchange of email between Poseidon Electronics to Megastores London
Exchange of email between Stella and Ari
Follow up report on police’s investigation about theft of televisions
Horse’s owner therapy bill
Hospital bill police officer
Hospital report police officer
Invoice
Internal Memo complaining about additional expenses
Letter of claim
Letter to Ms. Lapierre
Logo company (Megastores London)
Logo company (Poseidon Electronics)
Mission and Values Statement: Megastores London
Mission and Values Statement: Poseidon Electronics
News article 1
News article 2
News article 3
Notification of shipment
Photo trucks (Volvo FM and Volvo FM LGN)
Police officer therapy bill
Police report detailing the theft
Police report on accident
71
Poseidon Electronics Company Safety Policy
Pre-contractual discussions between Poseidon Electronics and Megastores
Screenshot of Animal Defense’s website
Screenshot of Ms. Jeanne Lapierre’s YouTube Channel
Screenshot Poseidon Electronics Website
Transcript call from Ms. Lapierre to Poseidon Electronics
Vet’s bill
Vet’s report
72
9.2. Annex 2 – Group Work Assessment Tool
Group Work Assessment tool.
• On the following Page you will find the Group work Assessment tool.
• Using this tool, you will assess yourself and your peers in six categories.
• For each item, rate each person and you using the 4-point scale given.
• Please think hard and honestly about each of the categories and how you and each group
member performed.
• It is not necessary that everyone get the highest score on each item. Different people will have
different strengths and different contributions.
• Beside each rating item, there is space for comments. Please include examples or explanations
that will help us understand your ratings.
• Please do your evaluations independently – do not share or discuss your scoring or come to a
decision based on a group opinion. We want a rating from each of you, based on your
perceptions and experiences.
• Submit one form for each person, including yourself, with your name and the assessed person’s
name on each form.
73
GROUP WORK PEER REVIEW FORM
Rater’s Name: _______________________________________________________ (Name of student Assessing)
Assessment of: _____________________________________________________(Name of Student being Assessed)
Rating Comments, Examples, Explanations, etc.
Group Participation
Attend’s meeting (s) regularly and
on time.
Time Management &

Responsibility
Accepts fair share of work and
reliably completes it by the
required time.
Creativity/Originality
Problem-solves when faced with
impasses or challenges, originates
new ideas, initiates team decisions.
Communication Skills
Effective in discussions, good
listener, capable presenter,
proficient at diagramming,
representing, and documenting
work.
General Team Skills

Positive attitude, encourages and
motivates team, supports team
decisions, helps team reach
consensus, helps resolve conflicts
in the group.
TOTAL SCORE
Scoring 3 – Better than most of the group in this respect

For each category, award yourself 2 – About average for the group in this respect
and each member of your team a 1 – Not as good as most of the group in this respect
score using this scale. 0 – No help at all to the group in this respect
74
9.3. Annex 3 – Guest Lecturers
‘The Advisory Function in Commercial Organizations: How to be a ‘Guardian’.

Martijn Ronteltap, Director Governance Risk and Compliance, Chief Security Officer (CSO) T-Mobile,
Netherlands, https://www.t-mobile.nl/
Short Bio:
In August 2017, Martijn started as CSO for T-Mobile Netherlands.
During the last four years he transformed the TMNL security
organization from a technical security department to an integrated
Governance, Risk and Compliance (GRC) department. His team
supports the business on all risk areas, including Compliance,
Privacy, Theft and Loss Prevention, Cyber Security, BCM, Privacy,
Investigations, (Enterprise) Risk Management and Internal Audit. By
providing the TMNL organization insights and advice, the GRC
departments aims to be the guardian for the organization.
_______________________________________________________
‘Practical Technicalities of Presenting an Advisory to the Risk Management Committee,

Ralitsa Nesheva, LL.M. MBL, Regulatory Risk and Compliance Specialist at Tide Platform Limited,
https://www.tide.co/
Short Bio:
Graduate from the IEL program in 2015, coming from Bulgaria
and following a corporate career in the financial services,
specializing in regulatory compliance. After graduating from
the IEL program she had her first corporate experience in
PricewaterhouseCoopers (PWC)Bulgaria as a tax advisor. After
a year and a half, realizing taxation was not her field of
interest, started her career in corporate compliance at FXCM,
an international financial instruments trading provider. While
still employed at FXCM, Ralitsa relocated to FXCM’s Berlin
office to pursue a Master’s degree in Business, Competition and
Regulatory Law at the Freie University Berlin. Graduated with
an LL.M in 2019 and continued on the path of regulatory
compliance dealing with regulatory research and development, business advisory, corporate
governance, new licensing applications, corporate restructuring, regulatory communication and
implementation of regulatory measures. After 5 years in the regulatory compliance world, Ralitsa strongly
75
believes that compliance work has crucial role in addressing legal and regulatory demands with flexibility
and business innovation. She enjoys presenting complex compliance risks and regulatory changes to
corporate governance committees and executives, designing efficient practical implementation measures
and balancing the regulatory landscape with the needs of the business and its stakeholders.
76
9.4. Annex 4 – Grading Rubric Resit Portfolio
Resubmission of Portfolio - Grading Rubric

Due 24th February 2023
You must do
Learning Weight Your Product is You are where Your product is
Criteria more work to
Outcomes in Points Sufficient you should be Exemplary
pass
1 6,5 1 – 3,4 3,5 – 4,4 4,5 – 5,4 5,5 – 6,5

Dossier Analysis
2 11 1 – 5,4 5,5 – 7,9 8 – 9,9 10 – 11
3 6,5 1 – 3,4 3,5 – 4,4 4,5 – 5,4 5,5 – 6,5

Stakeholder
Analysis
4 11 1 – 5,4 5,5 – 7,9 8 – 9,9 10 – 11
5 6,5 1 – 3,4 3,5 – 4,4 4,5 – 5,4 5,5 – 6,5

Legal Position
6 11 1 – 5,4 5,5 – 7,9 8 – 9,9 10 – 11
7 6,5 1 – 3,4 3,5 – 4,4 4,5 – 5,4 5,5 – 6,5

Advice and Plan
of Action
8 11 1 – 5,4 5,5 – 7,9 8 – 9,9 10 – 11
Criteria Weight You must do Your product is You are where Your product
Learning more work to sufficient you should be is exemplary
outcome pass
Dossier 1. 6,5 Includes and Includes and Includes and cites Includes and
Analysis Dossier cites some of cites less than most of the data cites ALL of
Learning Analysis the data points half of the data points and legal the data
Outcome and legal points and legal questions. points and,
1.2,5,6 questions. question. Includes a well legal
Includes a poor Includes and written summary questions.
summary of the adequate of the fact pattern Includes an
fact pattern summary of the relating to the exemplary
relating to the fact pattern contract tort and summary of
contract tort relating to the property the fact
and property contract tort and obligations pattern
obligations property arising. relating to the
arising. contract tort
77
obligations and property
arising. obligations
arising.
2. 11 Includes no Includes an Includes a well Includes an

Reflection on reflection on adequate written reflection excellent
improvements points on reflection on on feedback reflection on
made from improvements feedback received and how feedback
First Chance made to first received and this has been received and
Submission chance how this has incorporated in how this has
submission. been the new been
incorporated in submission. incorporated
the new Includes a well in the new
submission. written submission.
Includes an articulation of Includes an
adequate what student has exemplary
articulation of learned from the articulation of
what student resubmission what student
has learned from exercise. has learned
the resubmission from the
exercise. resubmission
exercise.
Stakeholder 3. 6,5 Did not Identify Identified, Identified, Identified,

Analysis Stakeholder prioritized and prioritized, and prioritized, and prioritized,
Learning Analysis mapped the mapped the mapped the and mapped
Outcomes interests of interests of interests of most the interests
3,5,6 most key some key key stakeholders of all key
stakeholders stakeholders clearly Identifying stakeholders
clearly clearly their power and clearly
Identifying their Identifying their influence on Identifying
power and power and outcomes of the their power
influence on influence on dispute. Wrote a and influence
outcomes of outcomes of the good engagement on outcomes
the dispute. Did dispute. Wrote plan based on the of the dispute.
not write a an average preceding analysis Wrote an
good engagement with some excellent
engagement plan based on specific engagement
plan based on the preceding recommended plan based on
the preceding analysis with actions that are the preceding
analysis with some specific congruent with analysis with
some specific recommended the stated policy. some specific
recommended actions that are recommended
actions that are congruent with actions that
congruent with the stated policy. are congruent
the stated with the
policy. stated policy.
4 11 Includes no Includes an Includes a well Includes an
78
exercise.
Legal 5 6,5 The area of law The area of law The area of law The area of
Position Legal Position and the legal and the legal and the legal law and the
Learning of parties problem(s) to problem(s) to be problem(s) to be legal
Outcomes be addressed addressed are addressed are problem(s) to
4,6 are not correctly identified and be addressed
identified and identified but clearly and are identified
clearly and not clearly and completely and clearly
completely completely described. Most and
described. The described. Some relevant legal completely
relevant legal relevant legal principles are described, All
principles are principles are clearly explained, relevant legal
not explained, explained, and and their correct principles are
and their their correct source of clearly
correct source source of authority is given; explained, and
of authority is authority is The discussion their correct
not given; The given; The considers most of source of
discussion is discussion is a the relevant legal authority is
unclear, and clear. The principles and given; The
the conclusion conclusion is their application discussion is a
is not supported by to the facts to clear and
supported by some of support logical comprehensiv
arguments. arguments but arguments about e analysis of
Poorly written. does not clearly how the Issue(s) the relevant
Footnotes are explain how they will be resolved; legal principles
not in OSCOLA arguments The Conclusion is and their
format, there address the supported by application to
are many Issue (s); most of the the facts to
mistakes. Submission is arguments and support logical
fair. Student clearly explains arguments
made an how those about how the
attempt to arguments Issue(s) will be
adopt OSCOLA address the Issue resolved; The
format. (s); Submitted a Conclusion is
well written well supported
product, all by arguments
footnotes are in in the
OSCOLA format, Application
with occasional section and
mistakes. clearly
explains how
those
arguments
address the
79
Issue (s);
Submitted an
outstanding
written, all
footnotes are
in OSCOLA
format, there
are no
mistakes.
exercise.
Advice and 7 6,5 The goal of the The goal of the The goal of the The goal of the
Plan of Advice and Client is not Client is poorly Client is fairly Client is fully
Action Plan of Action articulated, no articulated, articulated, most articulated, all
Learning relevant legal some relevant relevant legal relevant legal
Outcomes principles legal principles principles principles
5,6 regarding regarding regarding regarding
damages/reme damages/ damages/ damages/
dies remedies are remedies are remedies are
mentioned. explained, and clearly explained, clearly
Advice is not their correct and their correct explained, and
supported by source of source of their correct
arguments authority is authority is given. source of
derived from given. The advice The advice is well authority is
the stakeholder is partially supported by given. The
analysis. Poorly supported by arguments advice is fully
written arguments derived from the supported by
product. derived from the stakeholder arguments
Footnotes are stakeholder analysis. derived from
not in OSCOLA analysis. Submitted a good the
format, there Submitted an written product. stakeholder
are numerous average written Most footnotes analysis.
mistakes. product with are in OSCOLA Submitted an
attempt to use format, there are outstanding
footnotes in occasional written
OSCOLA format, mistakes. product. All
there are no footnotes are
mistakes. in OSCOLA
80
format, there
are no
mistakes.

exercise.
81

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STUDY GUIDE

TABLE OF CONTENTS .......................................................................................................................... 3

2. ADMINISTRATIVE INFORMATION ........................................................................................... 7

3. PROJECT-BASED LEARNING ................................................................................................ 16

6. TUTOR GROUPS - TIPS .......................................................................................................... 24

7. MODULE ELEMENT: Body of Knowledge............................................................................. 27

8. MODULE ELEMENT: Integrated Project................................................................................ 42

Dear Private Law 1 Class of the 2022-23 Academic Year,

On behalf of the Private Law 1 Team, welcome to the Course!

Looking forward to meeting you and getting to know you!

Wishing you a highly successful Private Law 1 experience,

Dr. Abiola Makinwa

Private LAW 1 Module:

Course Private Law 1 Module Codes (Osiris): LAW-1KPRIV1-

Lecturers: Robert Weaver, Bartosz Krysiak, Dani Year/Semester: Y1/Semester 1

Tutors: Abiola Makinwa, Agnieszka Competences Analysis

2 (39) • Close reading Assembly No.1: Torts Class 1

4(41) • Peer Review Contracts Class 2

5(42) • Group Assembly No.2: Torts Class 2

8(46) • Group Meeting Assembly No.3: Torts Class 3

Burden of Proof: Who has the burden

11(49) TEST MOMENT 2

53(1) CHRISTMAS BREAK

Defenses: How can the plaintiff defend

European Product Liability: What is the

16(4) Assembly No.5: PPP- 4

• Body of Knowledge Classes

• Body of Knowledge Workshops

2.4. Asynchronous Learning

2.5. Reading Material

4.1. Table of National Profile LAW Competences

Level How the competences are met in the course:

5.1. Body of Knowledge

Lesson Lesson Lesson Total Total

66/100 points = 5,5 / 33 questions out of 50 correct for a passing grade

Course Practice & Skills Deliverables

5.2.1. Deliverables Due

5.3. Passing Grades and Resits

5.3.1. Passing Conditions

5.3.2. Resit Conditions

5.4. Guest Lectures (Portfolio of Professional Products)

5.4.1. Mandatory Attendance

5.4.3. Due Date First Chance Guest Reflection

5.4.4. Resit Guest Lecture Reflection

5.5. Assessment Schedule

Private Law 1 Assessment

Course Element Date Case MCQ TOTAL MCQ Question Distribution

IP Resit PPP Re-submission of Portfolio – 6th March– Maximum grade = 7

IP Resit SPP Next Academic Year

6. TUTOR GROUPS - TIPS

6.1. Tutor Group Set-up and Activity

6.1.1. Tutorial No.1: General Information and Review Meeting.

6.1.2. Tutorial No.2: SPP 2 – Dossier Analysis

6.1.3. Tutorial No.3: - SPP 2 Stakeholder Analysis

6.1.4. Tutorial No.4: SPP 3 Legal Position of Parties

6.1.5. Tutorial No.5: SPP 4 Advice and Plan of Action Meeting

7. MODULE ELEMENT: BODY OF KNOWLEDGE

7.2. Learning Objectives

7.3. Summary: Body of Knowledge order of Lectures and Workshops

7.3.2. Tort Law

7.3.3. Property Law

7.4. Week-to-Week Overview

Required Reading What is Contract Law?