Programmes and courses Norsk English
-

Introduction

Obligation law (contract law and monetary claims law) is the study of obligations, particularly obligations based on contracts.

Obligation law encompasses a range of types of obligations, which are often treated separately as distinct legal disciplines (referred to as "special contract law"). Examples of special contract law include sales law, construction law, and tenancy law. The reason obligation law is treated as its own legal discipline is that most types of obligations give rise to a number of common issues that can and should be addressed in a general legal discipline. In obligation law, similarities and differences in issues and solutions can be illuminated through contractual regulations, legislation, and general, non-statutory principles. There are also rules that apply to varying degrees regardless of the type of contract, such as the rules concerning promissory notes, set-off, complaints, prescription, assumption of debt, assignment of claims, etc., as well as non-statutory principles that address issues such as the significance of inaction, among others.

Obligation law deals with the content, alteration, and cessation of performance obligations and monetary obligations, as well as the effects of obligations not being fulfilled correctly.

The subject also provides an overview of rules regarding jurisdiction, choice of law, and material legal rules in international contractual relations. In addition, an overview of main principles of contract negotiations and contract formation is provided.

Course content

  1. Introduction to Obligation Law
    • Definition of Obligation Law (contract law and monetary claims law).
    • Types of Obligations (Special contract law).
    • Relationship between Obligation Law and Special Contract Disciplines (e.g., sales law, construction law, tenancy law).
  2. Common Issues in Obligation Law
    • Contract Regulation, Legislation, and Non-Statutory Principles
    • Rules Applicable Regardless of Contract Type
    • Relevant Topics Such as promissory notes, set-off, complaints, etc.
  3. Content, Alteration, and Cessation of Obligations

    • Content of Performance Obligations and Monetary Obligations
    • Alterations in Obligation Relationships (Subsequent developments, changes of parties, modification).
    • Cessation of Obligation Relationships (Termination, cancellation, inactivity, prescription).
  4. Breach of Obligation Law Obligations

    • Remedies for Breach ​(Right/duty to perform, rectification, replacement delivery).
    • Right of retention, price reduction, cancellation, compensation.
  5. International Contract Law Matters​

    • Jurisdiction, Choice of Law, and Material Legal Rules
    • Key Principles of Contract Negotiations and Contract Formation

Disclaimer

This is an excerpt from the complete course description for the course. If you are an active student at BI, you can find the complete course descriptions with information on eg. learning goals, learning process, curriculum and exam at portal.bi.no. We reserve the right to make changes to this description.