An introduction to the Polish Law of Contract: Comparative Perspective 1300-OG-IPL-FS

In the course of the presentation of the lecture matter, the following issues will be discussed:
1. General remarks (2h)
(definitions, sources of contract law, general principles of contract law)
2. Freedom of contract (2h)
(general principle of freedom of contract, types of contracts, contractual interpretation)
3. Vitiating factors (2h)
(illegality, capacity, exploitation, mistake, misrepresentation, duress)
4. Formation of Contract (2h)
(intention to create legal relation, offer and acceptance, negotiation, form)
5. Content of Contract (2h)
(minimum content, express terms, implied terms, so-called standard clauses)
6. Standard form contract (2h)
(adhesion, interpretation contra proferentem, unconscionability, role of the Office of Competition and Consumer Protection)
7. Third parties (2h)
(role of third party, assignment, novation, debt assumption)
8. Performance and breach of Contract (2h)
(performance, change of circumstances, breach of contract)
9. Contractual remedies (2h)
(termination, withholding performance, damages)
10. How to draft a Contract successfully? Remarks on an example of Sales agreement (2h)

Total student workload

Contact hours with teacher: np. - participation in lectures- 20 hrs - consultations- 10 hrs Self-study hours: np. - preparation for lectures - 30 hrs - reading literature - 60 hrs - preparation for examination - 30 hrs Altogether: 150 hrs (6 ECTS)

Learning outcomes - knowledge

Student W1: has basic knowledge of general institutions of Polish contract law W2: knows primary ways of understanding contract law in common and civil legal systems W3: is familiar with basic legal terms used in comparative contract law W4: is acquainted with essential principles for drafting contract

Learning outcomes - skills

Student U1: is able to properly seek legal norms that refer to contract law U2: is capable of interpret and clarify the content of contract U3: has basic skills in scope of contractual interpretation U4: can analyse, explain and resolve primary contractual issues

Learning outcomes - social competencies

Student K1: understands the significance of contracts in modern society K2: understands the need for cooperation and consensus K3: is prepared to cooperate with contracting parties K4: is aware of ambiguous of contractual provisions

Teaching methods

Expository teaching methods: - informative lecture - participatory lecture - problem-based lecture Exploratory teaching methods: - problem-solving - case study - discussion with respect to specific legal systems (regarding place of Student's residence) - comparative analysis

Expository teaching methods

- problem-based lecture
- informative (conventional) lecture
- participatory lecture

Prerequisites

None

Course coordinators

Term 2025/26Z:

Marcin Drewek
Jagoda Jaskulska

Term 2022/23Z:

Marcin Drewek

Term 2023/24Z:

Marcin Drewek

Term 2024/25Z:

Marcin Drewek
Jagoda Jaskulska

Assessment criteria

Assessment methods:
- test (single choice, only one answer correct to each question, no negative points for failed questions) – W1,W2, W3, W4, U1, U2, U3, U4
- activity – K1, K2, K3, K4

Assessment criteria:
fail- 8 pts 0-49%
satisfactory- 5 pts (50%-59% )
satisfactory plus- 6 pts (60%-69%)
good- 7 pts (70%-79%)
good plus- 8 pts (80%-89%)
very good- 9-10 pts (90%- 100% )

Practical placement

not applicable

Additional information

Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system:

Description of 1300-OG-IPL-FS in USOSweb