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2015/2016  KAN-CSSMO2001U  Law in the Service Sector

English Title
Law in the Service Sector

Course information
Language English
Course ECTS 7.5 ECTS
Type Mandatory
Level Full Degree Master
Duration One Quarter
Start time of the course Third Quarter
Timetable Course schedule will be posted at calendar.cbs.dk
Study board
Study Board for MSc of Social Science
Course coordinator
  • Georg Ringe - Law Department (LAW)
Main academic disciplines
  • Business Law
Last updated on 14-08-2015
Learning objectives
To achieve the grade 12, students should meet the following learning objectives with no or only minor mistakes or errors: The student should be able:
  • to apply relevant theory from course literature to a business case within the service sector
  • to assess and examine contract law and the business framework in which service providers operate
  • to identify a relevant law problem for a service corporations and to make suggestions as to how to address it
  • to reflect on the strength and weakness in the theories
  • to present argumentation that supports a given action oriented conclusion based on an analysis of a given case of a service company
Examination
Law in the Service Sector:
Exam ECTS 7,5
Examination form Written sit-in exam
Individual or group exam Individual
Assignment type Case based assignment
Duration 4 hours
Grading scale 7-step scale
Examiner(s) Internal examiner and external examiner
Exam period Spring
Aids allowed to bring to the exam Open book: all written and electronic aids, including internet access
Make-up exam/re-exam
Same examination form as the ordinary exam
If the number of registered candidates for the make-up examination/re-take examination warrants that it may most appropriately be held as an oral examination, the programme office will inform the students that the make-up examination/re-take examination will be held as an oral examination instead.
The form of this exam may be changed for the make-up exam. If the number of registered participants for the make-up exam warrants it , the make-up exam may most appropriately be held as an oral exam (20 minutes).
Course content and structure

This course provides knowledge on the legal framework for the provision of services. This includes an understanding of the fundamentals of contract law as the basic element governing legal relationship in the services environment. More specifically, we will study international instruments like the Vienna Convention on the Sale of Goods (CISG) and related instruments specifically related to services. The course will then turn to consider the framework of service provision in the EU and worldwide. Particular attention will be paid to the EU principle of free movement of services and the GATS. The legal material will be underpinned by case studies that aim at connecting the theoretical understanding with some practical application of how the law operates.
Teaching methods
Lectures, case analysis and excercies.
Expected literature

Please note that the litterature is guiding.

August, Ray, et al. (2013). "Services and Labor," excerpts on services from chapter 8 of International Business Law, 6 th ed., pp. 396-409. Compendium.

Bonell, Michael Joachim (2008). "The CISG, European Contract Law and the Development of a World Contract Law," American Journal of Comparative Law, pp. 1-27.

Burnham, Scott J (2003). "How to Read a Contract," Arizona Law Review, pp. 133-171.

CISG (1980). United Nations Convention on Contracts for the International Sale of Goods [hereinafter referred to as CISG].

Corrada, Suzen M.G. (2007). "The Best Laid Plans: Force Majeure Clauses in Travel and Event Contracts," Nova Law Review, pp409 -421.

Foster, Nigel (2014). "Sources and Forms of EU Law”, excerpts from chapter 4 of EU law Directions, 4th edition. Compendium.

Dashwood, Alan et al. (2011). “The Right of Establishment and the Freedom to Provide Services”, Chapter 17 of European Union Law. Compendium.

Dashwood, Alan et al. (2011). “The Directive on Services in the Internal Market”, Chapter 17 of European Union Law. Compendium.

Islam, M. Rafiqul, 2006. “General Agreement on Trade in Services”, Chapter 16 of International Trade Law of the WTO. Compendium

Lookofsky, Joseph (2008). Understanding the CISG, 4th (worldwide) edition, Kluwer Law International / DJØF Publishing

Treaty on European Union, http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012M/TXT

Treaty on the Functioning of the European Union, http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012E/TXT

United Nations Convention on Contracts for the International Sale of Goods, http://www.uncitral.org/pdf/english/texts/sales/cisg/V1056997-CISG-e-book.pdf

World Trade Organization, General Agreement on Trade in Services, http://www.wto.org/english/docs_e/legal_e/26-gats_01_e.htm

Von Bar, Christian & Clive, Eric, eds. (2009). "Part C. Services, Chapter 1-2," in Principles, Definitions and Model Rules of European Private Law: Draft Common Frame of Reference (DCFR). Compendium.
Last updated on 14-08-2015