英米法演習（外国語科目）

The first class summarises highlights from the first three volumes and fields relating to contract law, and consumer law (including administration and enforcement), including comparisons in Japan. The next five classes look at formation of contracts, invalidity (focusing on reprehensible conduct in negotiations), contents of contracts and substantively unfair terms, remedies for breach of contract, changing and ending contracts. The next class introduces product liability law spread from the US through the EU/UK throughout Asia, including analysis of the class action for Bonsoy exported from Japan that settled in Australia. The remaining classes look at consumer law more generally across five Asian common law jurisdictions, ending with a study of a coronial inquest into the death of a Honda driver in Australia due to a defective Takata airbag subject to a massive recall. Class Information: 1. Class 1 Introduction: Asian contract laws, consumer law in Australia and Japan 2. Class 2 Contract formation and third-party beneficiaries 3. Class 3 Invalidity of contracts 4. Class 4 Content of contracts and unfair terms 5. Class 5 Remedies for breach of contract 6. Class 6 Terminating or adjusting contracts for breach or extreme changes 7. Class 7 Comparative product liability & Bonsoy case study 8. Class 8 Consumer law: Hong Kong 9. Class 9 India 10. Class 10 Malaysia 11. Class 11 Myanmar 12. Class 12 Singapore 13. Class 13 Takata airbag case study & review

Classes will be in tutorial style, with discussions in English but supplemented where needed by some Japanese. The first class will be lecture based, but the five classes on areas of contract law will add simple problem-type scenarios to discuss and better understand how common law jurisdictions may differ from civil law inspired jurisdictions like Japan. The product liability class will combine a comparative summary lecture with a group-based exercise based on the Bonsoy class action (which the instructor was involved in). The next five classes comparing consumer law generally across five Asian common law jurisdictions will include students presenting for discussion main highlights compared to the other jurisdictions covered or Japan, and/or updates on recent cases in the respective jurisdiction based on internet and other research before the class. The last class will examine the interface between consumer law and coronial inquests, focused on the Takata airbag saga (which the instructor was involved in). Class content and progression will be adjusted depending on students’ prior and evolving understandings on contract, tort and consumer law as well as level of English language ability (with some extra reading materials in Japanese provided if needed). Generally each student from class 2 should prepare at least one comment and one discussion question for the Reading assigned for that class. (Students will benefit from taking my Anglo-American Law – General Part lecture-based course as general background, and my course on “Dispute Resolution in Common Law Asia”, but attendance in those is not required to do well in these tutorials.)

70% final report/essay (topics may be provided), 2000-4000 words (but flexible); 30% class participation and presentation. Grading by Pass/Fail. No written exams will be administered.

None in particular