Law Contracts

Code Cours
2324-RIZOMM-LAW-EN-5001
Langue d'enseignement
FR, EN
Ce cours apparaît dans les formation(s) suivante(s)
Responsable(s)
Michael Ottley, Muriel Outters
Période

Présentation

Objectifs

1ST PART. FRENCH LAW FOR E-CONTRACTS


During the course, students will :


- get acquainted with the legal rules that govern the protection of personal data : the EU General Data Protection Regulation 2018


- solve moot cases relating to personal data issues


- get acquainted with the French legal rules that govern the internet


- get acquainted with the French legal rules that govern intellectual property


- get acquainted with the French legal rules that govern e-contracts


- read through and understand general conditions of sale in e-contracts


- understand and analyze the impact of typical clauses in e-contracts


- solve moot cases in e-contracts



At the end of the course, students will be able to :


- understand the issues related to personal data


- understand the issues related to intellectual property on the internet


- understand the contents of an e-contract, the meaning of its legal vocabulary, the impact of its clauses, the legal consequences resulting from its specific drafting


- foresee legal problems that might arise from a given contract


- identify a legal problem and find the relevant legal rule



2ND PART. FRENCH LAW FOR COMMERCIAL CONTRACTS


During the course, students will :


- get acquainted with the French legal rules that govern French or International commercial contracts


- read through and distinguish between commercial contracts (distribution agreements, sales)


- understand and analyze the impact of typical clauses


- solve legal problems



At the end of the course, students will be able to :


- understand the contents of a commercial contract, the meaning of its legal vocabulary, the impact of its clauses, the legal consequences resulting from its specific drafting


- foresee legal problems that might arise from a given contract and suggest a drafting that might prevent them


- identify a legal problem and find the relevant legal rule

Présentation

1ST PART. FRENCH LAW FOR E-CONTRACTS


Session 1. General Data Protection Regulation (3h)


- What is personal data ?


- How is it protected ?


Session 2. What rules regulate the internet ? (3h)


- Rules governing freedom of expression, privacy


- Rules governing copyright, trademarks, domain names


- Rules governing commercial prospection


Session 3. Specific rules governing e-contracts (3h)


- Formation, performance, end of the e-contract



2ND PART. FRENCH LAW FOR COMMERCIAL CONTRACTS


Session 1. Applicability of French law to commercial contracts (3h)


- When does French law govern an international commercial contract ?


- What is the legal proceeding ?


- Who resolves the case ? Judges / arbitrators


Session 2. Sale of goods (4h)


- French sale of goods


- International sale of goods - Vienna convention


Session 3. Distribution agreements (3h)


- Different kinds of distribution agreements (exclusive purchase agreement, concession agreement, dealership, franchise, selective purchase agreement)


- Different kinds of clauses specific to these agreements (exclusive purchase clause, exclusive territory clause, exclusive supply clause, restraint of trade clause, confidentiality clause)


Session 4. French and European rules governing distribution agreements (3h)


- Formation of a distribution agreement (negotiations, bids, gentlemen’s agreement, tendering process, annual negotiation, prices, duration, DPI, etc.)


- Performance of a distribution agreement (duties of the supplier, and the distributor, know-how, exclusivity, supply, confidentiality, network, parallel distributor, etc.)


- Modification of a distribution agreement, revocation (termination clause)


- Non-performance of the contract (penalty clause, termination clause, force majeure clause, exemption clause, remedies)


- Termination of the contract (duration, renewal, art. L. 442-6 I 5° Ccom, restraint of trade and loi Macron)


Session 5. French and European rules governing competition (3h)


- Regulation of competition (unfair competition, restrictive practices, anti-competition practices, vertical and horizontal agreements, abuse of dominance)


Modalités

Modalités d'enseignement

1ST PART. FRENCH LAW FOR E-CONTRACTS

Lectures: 9 hours. Class will consist of interactive study and analysis of various documents (contracts, cases).

Personal Work: 9 hours. Students will be given the written course and the documents in advance by mail. They are expected to read carefully through the course before class, difficult points will be explained in class but students must read thoroughly through the legal rules before class. They should also get acquainted with the documents beforehand, these will be analyzed during class.

OVERALL Student Workload: 18h

Assessment

  • 3 Individual tests: 0%, MCQ - Kahoot at the end of every session : to make sure students have read the documents before class and have listened carefully during class
  • 3 tests: 25%, 3 moot cases (1 per session), students will be allowed to work in pairs, they will have access to all documents
  • 1 midterm test: 25%
  • Final exam (written test): 50%

2ND PART. FRENCH LAW FOR COMMERCIAL CONTRACTS

Lectures: 16 hours, class will consist of interactive study and analysis of various documents (contracts, cases)

Personal work: 16 hours, students will be given the written course and the documents in advance by mail. They are expected to read carefully through the course before class, difficult points will be explained in class but students must read thoroughly through the legal rules before class. They should also get acquainted with the documents beforehand, these will be analyzed during class.

OVERALL student work: 30h

Assesment

  • Individual tests: 5 total, MCQ - Kahoot at the end of every session : to make sure students have read the documents before class and have listened carefully during class
  • 2 midterm tests: 50%, written tests, students will be allowed to work in pairs, they will have access to all documents
  • Final exam: 50%, 1 hour duration, written test
Évaluation

Ressources