Comparative Asian Contract Law: some key issues
National Taiwan University 2018-19
Professor Mindy Chen-Wishart

The course will consist of 4 lecture/discussion classes, at 1825-2105 on:
(1) 28 November
(2) 30 November
(3) 3 December
(4) 5 December
The 5th session will be a 2 hour exam on 12 December 18.30-20.30

This course will introduce students to the contract laws of a selection of Asian jurisdictions (principally Japan, China, Singapore and India). We will explore the extent to which there are common principles, and consider the similarities and differences between the different laws on some key issues.

The aim is to determine whether the various laws aim to achieve the same thing or reflect different polices and philosophy; and if there are differences, why?

Outline:
Session 1: Introduction:
• Genealogy
• Notions of contract
• The need for consideration

Session 2: Formation of Contract
• Objective v subjective approach to intentions / interpretation
• Preliminary dealings v offers
• Communication of acceptance- postal rule
• Sufficiency of agreement, ‘battle of forms’

Session 3: Mistake and Control Over Unfairness
• Different scope for relief under doctrines of mistake, fraud and misrepresentation in different jurisdictions
• General controls
• Specific controls B2C
• Specific controls B2B

Session 4: Remedies
• Damages for non-pecuniary loss
• Remoteness of loss
• Enforced performance
• Agreed damages

Session 5: 2 hour test

Please note that for each class you are asked to read material, which will be provided:

You will see references on this list to other cases, etc which are on pages that I am not asking you to read; they are listed here because I will be referring to them in the class.