Contract Law and Psychology of Negotiations

URL study guide

https://studiegids.vu.nl/en/courses/2024-2025/R_CLDRP

Course Objective

This course addresses the principles of contract law and the psychological dimensions of contract negotiations. It is a course in which the legal perspective and the behavioral perspective are intertwined. The course focuses on general issues of contract law from a comparative law and behavioural science perspective. This more abstract approach provides a broader understanding and prepares the student for a future in which he has to exchange thoughts with colleagues from other jurisdictions.

Course Content

In the contract law part of this course, we will discuss the following topics: a) the notion of contract and types of contracts; b) formation of a contract; c) validity of a contract; d) interpretation and content of a contract interpretation and contents; e) standard terms; f) supervening events in the life of contract; g) Remedies for non-performance; Moreover, we will discuss insights from behavioural sciences with respect to contract law. For instance, as to the binding force of contract, we discuss the differences between classical contract theory and findings of law & psychology; as to standard terms we will discuss the relevance of disclosure requirements. The part on contract negotiations will provide you with an experiential, simulation based introduction to the theory and practice of negotiation and help you understand how your personal background, values, feelings and personal style affect your performance as a negotiator. The topics to be discussed in the behavioral classes on negotiations will be: a) value distribution in single-issue, two-party negotiations; b) value creation in multi-issue, two-party negotiations; c) psychological factors in dispute resolution; introduction to counseling: the lawyer-client Relationships.

Teaching Methods

There will be seminars twice a week of 2 hours. The course will be taught off line, insofar as possible, and online.

Method of Assessment

Written exam (60%), paper (20%), presentation (10%) and participation (10%)

Literature

• Mnookin, R.H., Peppet, S.R., & Tulumello, A.S. (2004). Beyond Winning: Negotiating to Create Value in Deals and Disputes, Harvard Press.
• Cases, Materials and Text on Contract Law, H.Beale et al (eds.), Oxford: Hart, 2019, third edition.
• Selected articles.

Target Audience

This course is only open to students of the programme International Business Law

Recommended background knowledge

It is useful if students have studied contract law in a particular jurisdiction.