Module LAW3032 for 2018/9
- Overview
- Aims and Learning Outcomes
- Module Content
- Indicative Reading List
- Assessment
Undergraduate Module Descriptor
LAW3032: Law of Obligations (German Law)
This module descriptor refers to the 2018/9 academic year.
Module Aims
The Law of Obligations II course constitutes the third part of the LLB European (German) / Magister module. The course is intended to give students a deeper insight into the law of obligations and to provide them with a sound knowledge of the second book of the German Civil Code (BGB) It deals both with contractual (e.g. contracts on the sale of goods) and non-contractual obligations (e.g. torts). Students are expected to acquire a confident grasp of the subject, developing an integrated understanding of German Civil Law. Since this is the last year before the students go abroad in order to obtain the German degree of Magister it is vital that they become confident with the German methodology and case solving technique. Of equal importance, it is the general purpose of the course to develop power of legal reasoning for advanced law study in German.
| On successfully completing the programme you will be able to: | |
|---|---|
| Module-Specific Skills | 1. demonstrate extensive and accurate knowledge of German Civil Law, especially of how to apply the German Civil Code systematically, 2. display sophisticated interpretation German Civil Law provisions and to express themselves confidently in German on the issues named above. 3. clearly present the ability to identify and analyse sophisticated legal problems, to solve these problems by applying the law with competence, and to do research effectively. 4. demonstrate a clear understanding of German legal methodology thus enabling you to handle writing of extensive essays in German law with competence confidence |
| Discipline-Specific Skills | 5. demonstrate how to solve sophisticated Germen Civil Law cases in a logically structured way by applying, interpreting and critically analysing the law. 6. present sophisticated ability to use of different sources of information independently, i.e. textbooks, articles, commentaries, when dealing with German legal issues in general and Civil Law in particular. 7. Make evident comparisons with English law and, by doing so, to demonstrate a sophisticated understanding both of the German and the English system of private law. |
| Personal and Key Skills | 8. demonstrate a sophisticated ability to develop clear arguments in German 9. demonstrate a sophisticated ability to select and analyse material competently and independently in order to do research in German Civil Law on a wide scale and to manage your time to prepare written exercises applying German methodology with proficiency. |
Module Content
Syllabus Plan
It is envisaged that the syllabus will include the following topics in the following order although precise content and order may vary.
General Introduction: differentiation between contractual and non-contractual obligations;
Sale of goods contracts: bearing the risk, warranty of quality;
Different other types of contracts: contracts for work and services, contracts for services, tenancy agreements;
Law of Torts;
Unjustified enrichment;
Negotiorum gestio (Geschaeftsführung ohne Auftrag)
Learning and Teaching
This table provides an overview of how your hours of study for this module are allocated:
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 66 | 234 | 0 |
...and this table provides a more detailed breakdown of the hours allocated to various study activities:
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching activity | 44 | Lectures |
| Scheduled Learning and Teaching activity | 22 | Tutorials |
| Guided Independent study | 80 | (a) Research and pre-lecture reading as indicated on the handout of previous lecture |
| Guided Independent study | 44 | (b) preparation of tutorials through working with problem question distributed prior to tutorial |
| Guided Independent study | 100 | (c) research and further reading as indicated on handout of lecture (section ''further reading') |
| Guided Independent study | 10 | (d) revision of lectures as displayed on the ELE website |
Online Resources
This module has online resources available via ELE (the Exeter Learning Environment).
How this Module is Assessed
In the tables below, you will see reference to 'ILO's. An ILO is an Intended Learning Outcome - see Aims and Learning Outcomes for details of the ILOs for this module.
Formative Assessment
A formative assessment is designed to give you feedback on your understanding of the module content but it will not count towards your mark for the module.
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Essay | 1,500 words | 1-9 | Written feedback |
Summative Assessment
A summative assessment counts towards your mark for the module. The table below tells you what percentage of your mark will come from which type of assessment.
| Coursework | Written exams | Practical exams |
|---|---|---|
| 40 | 60 | 0 |
...and this table provides further details on the summative assessments for this module.
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Examination | 60 | 3 hours | 1,2 3 (excluding research), 4, 5, 6, 7, 8 | Oral in feedback lecture |
| Essay | 40 | 5,000 words | 1-9 | Written, oral in feedback lecture and online on ELE |
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 |
Re-assessment
Re-assessment takes place when the summative assessment has not been completed by the original deadline, and the student has been allowed to refer or defer it to a later date (this only happens following certain criteria and is always subject to exam board approval). For obvious reasons, re-assessments cannot be the same as the original assessment and so these alternatives are set. In cases where the form of assessment is the same, the content will nevertheless be different.
Re-assessment notes
i) If the exam was failed: resit the exam and be capped at the pass mark (40%)
ii) If the essay was failed: resubmit an essay by the end of the August / September exam period. The mark will be capped at the pass mark (40%)
iii) If both the exam and the essay were failed, the student will retake a 3 hour exam which will be capped at the pass mark of 40%
Indicative Reading List
This reading list is indicative - i.e. it provides an idea of texts that may be useful to you on this module, but it is not considered to be a confirmed or compulsory reading list for this module.
Hans-Joachim Musielak, Grundkurs BGB, latest edition;
Hans Brox, Besonderes Schuldrecht, latest edition.
