| CODE | CVL5043 | ||||||||
| TITLE | Contract Law Issues in Construction | ||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||
| MQF LEVEL | 7 | ||||||||
| ECTS CREDITS | 5 | ||||||||
| DEPARTMENT | Civil Law | ||||||||
| DESCRIPTION | This study-unit will be divided into three main parts. In the first part, students will be introduced to basic features of contract law, including the elements of contract, the principles of contractual freedom, will theory and good faith, the interpretation of contracts, the moment of conclusion of contracts, the performance of contracts, consequences of breach of contract and so on. In the second part, students will be taught how to understand the relationship between contractual liability, extra-contractual liability and fiduciary duties. Finally, students will be introduced to various models of standard-form contracts utilised in construction and will be guided in understanding their format and vocabulary. Finally, students will be introduced to various models of standard-form contracts utilised in construction and will be guided in understanding their format and vocabulary. Study-unit Aims (1) to produce a cadre of architects specialised in contract management who are conversant with the contractual framework within which they manouever; (2) To develop scholarship on contract law from an "applied" perspective which privileges the architect's perspective; (3) To train Msc students to handle the technical legal vocabulary utilised in complex contractual negotiations and in drafting contracts. Learning Outcomes 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (1) Understand how contract law shapes and influences the roles of key stakeholders in contract management and also how it interacts with particular occupational practices; (2) Locate contract law within the Maltese legal system; (3) Have a good idea of how the various kinds and bodies of law (private/public/EU/national) interact with one another in practice; (4) Understand some of the key differences between contract law in Common law and in Civil law jurisdictions and how each has influenced Maltese contract law. 2. Skills: By the end of the study-unit the student will be able to: (1) Understand and deploy technical legal vocabulary; (2) Have a basic knowledge of how Maltese legal research and adjudication are conducted, bearing in mind key features of the Maltese legal system; (3) Participate in complex contractual negotiations; (4) Determine in advance the nature and extent of the liability of key players involved in contract management. Main Text/s and any supplementary readings Main Texts: Professor Hugh Beale (Author), Denis Tallon (Author), Stefan Vogenauer (Author), Jacobien W. Rutgers (Author), Bénédicte Fauvarque-Cosson (Author), Contract Law (Ius Commune Casebooks for the Common Law of Europe): Hart Publishing (2010) Thomas Kadner Graziano, Comparative Contract Law: Cases, Materials and Exercises, Palgrave Macmillan (2009) |
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| STUDY-UNIT TYPE | Lecture and Seminar | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Antoine Cremona Mattia Felice Kurt Xerri |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years. |
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