International Fellowship in Commercial Arbitration

The Law of Obligations

If you want to expand your legal knowledge and have never studied law, this Module gives you an understanding of the principles of the law of obligations governing commercial contracts and the disputes that arise from them. This Module is also appropriate for anyone involved in commercial dispute resolution or interested in becoming qualified arbitrators, members of an arbitral tribunal, or mediators in commercial disputes.

Objective

To understand the principles of the law of tort and contract law, in both common law and civil law, and their relationship to the emergence and resolution of disputes.

Learning Outcomes

Knowledge of the sources of law and how to use them in common and civil law.

Knowledge of the nature and significance of different types of obligations.

Ability to apply remedies for tort liability.

Ability to analyze problems using contract law and the law of tort.

Content:

1 The nature of law and its place in society:

Legal schools in the present day, a historical overview of the evolution of common law and civil law, the differences between the two, and sources of national and international law.
2 Contract formation:

The law of the contract, offer and acceptance, consideration and compensation, and intent to establish a legal relationship.
3 Contents of a contract:

Express and implied terms and exclusions.
4 Vitiating factors:

Fraud, error, unlawfulness, coercion, good faith, and unfairness.
5 Contract extinction and dissolution:

Consequences of the dissolution of a contract and the civil law and common law perspectives in this regard.
6 Remedies for breach of contract:

Compensation, assessment of compensation, extent of damage, quantitative valuation, duty to mitigate, etc.
7 Introduction to tort liability:

Key aspects of tort liability, negligence, duty of care, and economic loss.
8 Negligence: Duty of care:

Definition, abuse of power and default, alternative remedies, etc.
9 Duty of care:

Economic loss, misstatement, and trauma.
10 Breach of duty of care:

Test of the breach, special rules on the standard of care, and the res ipsa loquitur standard.
11 Causation and extent of damage:

Principles of causation, analyzing the test of the extent, and explaining the theory of new overlapping actions.
12 Contributory negligence and consent:

An explanation of the two concepts and a look at a number of related laws.
13 Vicarious liability:

Definition of the concept, clarification in the context of work, and a look at a number of relevant laws.
14 Nuisance and infringement on the ground:

The elements of nuisance, defenses, compensation, infringement on the ground, and a look at several relevant laws.
15 Occupier’s liability:

Explanation of the concept, the scope of occupier’s liability in English law, breach of duty, and exemption from liability, with a look at other relevant laws.

Delivery Method and Duration

Five months of self-study interspersed with a tutorial at the beginning of each month. In the tutorial, participants will meet with the tutor/trainer to review the material, share what they have learned, respond to problems, and find solutions.

Assessment

There will be a remotely administered written exam. Candidates must begin the exam within five days after it is uploaded to the learning platform and will have 48 hours to complete it. Exam results will be sent to candidates 12 weeks after the date of the exam.

The exam questions are divided into two sections:

Contract: Accounts for 65% of the total.

Tort liability: Accounts for 35% of the total.

Admission Requirements

Successful completion of Module 1 of the Fellowship Program.

Results of successful completion

After passing Module 2, candidates will be eligible for:

A completion certificate issued by CIArb.

Continuation to Modules 3.