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CL-101

International Contract Law

A foundation course introducing international contracts, formation, interpretation, performance, breach, remedies, governing law and dispute resolution.

Academy pass mark: 80%

Public course: Anyone may study this course before applying for a Court service role.

Module 1 — Foundations of International Contracts

Students are introduced to contracts involving parties, transactions or obligations connected with more than one jurisdiction. The course examines why governing law, jurisdiction and dispute-resolution clauses are important in cross-border agreements.

Module 2 — Contract Formation and Consent

Students examine the basic principles of offer, acceptance, consideration or other applicable requirements, capacity and consent. The course stresses that formation rules vary between legal systems and must be assessed under the law governing the contract.

Module 3 — Governing Law and Contract Interpretation

Students learn why parties may select the law governing their contract and how courts or tribunals determine the applicable law where the parties have not made an effective choice. The course introduces interpretation according to the applicable legal framework and contractual context.

Module 4 — Performance and Breach

Students examine contractual performance, non-performance, delay and breach. The course emphasises identifying the actual contractual obligation, the relevant facts and any applicable provisions concerning notice, cure, limitation or excuse.

Module 5 — Remedies and Damages

Students are introduced to common contractual remedies, including damages, specific performance where available, termination and restitution. The course explains that the availability and measure of remedies depend on the governing law and the circumstances of the breach.

Module 6 — Cross-Border Dispute Resolution

Students examine negotiation, mediation, litigation and arbitration as mechanisms for resolving international contractual disputes. The course stresses the importance of jurisdiction clauses, arbitration agreements, enforcement and applicable procedural law.

Knowledge Test

1. Why is governing law important in an international contract?

2. What is an important issue when assessing whether a contract was properly formed?

3. What should a lawyer examine first when a party alleges breach?

4. What is a contractual remedy?

5. Why are dispute-resolution clauses important in international contracts?