Reimagining Contract Law Pedagogy examines why existing contract teaching pedagogy has remained in place for so long and argues for an overhaul of the way it is taught. With contributions from a range of jurisdictions and types of university, it provides a survey of contract law courses across the common law world, reviewing current practice and expressing concern that the emphasis the current approach places on some features of contract doctrine fails to reflect reality.
The book engages with the major criticism of the standard contract course, which is that it is too narrow and rarely engages with ordinary life, or at least ordinary contracts, and argues that students are left without vital knowledge. This collection is designed to be a platform for sharing innovative teaching experiences, with the aim of building a new approach that addresses such issues.
This book will have international appeal and will be of interest to academics, researchers and postgraduates in the fields of law and education. It will also appeal to teachers of contract law, as well as governmental and legal profession policymakers.
Table of Contents
- Rescuing Contract Law Pedagogy from the Nineteenth Century
- Key Themes in the Teaching of Remedies
- Law in Action
- Students as Consumers: Using Student Experiences to Teach Consumer Contract Law
- Teaching the Law of Contract in a World of New Transactional Technologies
- Contract Theory
- Teaching Contracts from the Perspective of Relational Contract Theory
- Human Rights Reasoning and the Contract Law Scholar
- Contract Law Teaching: Teaching from the Case Law
- Making Use of New Technology
- Doing Away with the Case Method: What Could Go Wrong?
- Insights from Outside the Common Law
- Contract Law Pedagogy: A New Agenda
BRIAN H BIX
Warren Swain is Professor of Law in the Faculty of Law, University of Auckland, New Zealand, and Visiting Fellow, Clare Hall, University of Cambridge, UK.
David Campbell is Professor of Law in the Law School at Lancaster University, UK, and Visiting Professor, Auckland University of Technology Law School, New Zealand.