Information Package / Course Catalogue
| Law | |||||
| Bachelor | Length of the Programme: 4 | Number of Credits: 240 | TR-NQF-HE: Level 6 | QF-EHEA: First Cycle | EQF: Level 6 |
Ders Genel Tanıtım Bilgileri
| School/Faculty/Institute | Faculty of Law | ||||
| Course Code | HUK 443 | ||||
| Course Title in English | Contract Drafting and Negotiation Techniques | ||||
| Course Title in Turkish | Sözleşme Hazırlama ve Müzakere Teknikleri | ||||
| Language of Instruction | TR | ||||
| Type of Course | Lecture | ||||
| Level of Course | Advanced | ||||
| Semester | Fall | ||||
| Contact Hours per Week |
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| Estimated Student Workload | 59 hours per semester | ||||
| Number of Credits | 2 ECTS | ||||
| Grading Mode | Standard Letter Grade | ||||
| Pre-requisites | None | ||||
| Expected Prior Knowledge | Civil Law, Law of Obligations, Commercial Law | ||||
| Co-requisites | None | ||||
| Registration Restrictions | None | ||||
| Overall Educational Objective | Students will learn key considerations during contract drafting and the techniques they can use to be successful in contract negotiation. | ||||
| Course Description | With a legal practice oriented focus, the course aims to provide students with an overview of essentials and validity of contracts, parties and subject-matter, drafting of important clauses, and negotiation techniques. The course will feature practice exercices. | ||||
| Course Description in Turkish | Derste hukuk uygulaması merkeze alınarak sözleşmenin tarafları, konusu, kurucu unsurları ve geçerliliği; önemli sözleşme hükümlerine genel bakış; müzakere teknikleri konularına değinilecektir. Derste uygulama çalışmaları önemli yer tutacaktır. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Masters the key concepts and issues of the law of contracts such as constituent elements of the contract, validity, general standard terms and conditions. 2) Evaluates the needs of the case in question along with the interests of the parties, and determines the contractual provisions suitable for these purposes. 3) Drafts the terms of the contract. 4) Learns contract negotiation techniques, determines and applies the strategy that would be the most suitable in each case. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 |
|---|---|---|---|---|
| 1) The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | ||||
| 2) The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | ||||
| 3) The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | ||||
| 4) The ability to internalize social, scientific and ethical values while evaluating legal information. | ||||
| 5) The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | ||||
| 6) The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | ||||
| 7) The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | ||||
| 8) The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | ||||
| 9) The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | ||||
| 10) Adoption of a positive approach to the concept of lifelong learning. | ||||
| 11) The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | ||||
| 12) The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. |
Relation to Program Outcomes and Competences
| N None | S Supportive | H Highly Related |
| Program Outcomes and Competences | Level | Assessed by | |
| 1) | The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | H | Exam,HW |
| 2) | The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | H | Exam,HW |
| 3) | The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | S | Exam,HW |
| 4) | The ability to internalize social, scientific and ethical values while evaluating legal information. | S | Exam,HW |
| 5) | The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | H | Exam,HW |
| 6) | The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | H | Exam,HW |
| 7) | The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | H | Exam,HW |
| 8) | The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | N | |
| 9) | The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | N | |
| 10) | Adoption of a positive approach to the concept of lifelong learning. | S | Exam,HW |
| 11) | The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | H | Exam,HW |
| 12) | The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. | S | Exam,HW |
| Prepared by and Date | ÇAĞLAR DOĞU ARAS , December 2023 |
| Course Coordinator | ÇAĞLAR DOĞU ARAS |
| Semester | Fall |
| Name of Instructor | *STAFF* *STAFF* |
Course Contents
| Week | Subject |
| 1) | Introduction, foundations of law of contracts: Contracts, preliminary agreements, letters of intent, memoranda of understanding and similar documents, constituent elements and validity of contracts, principles of law of contracts, pre-contractual liability |
| 2) | Contract Drafting Techniques: Parties to the contract, subject, duration, obligations of the parties |
| 3) | Contract Drafting Techniques (continued): Definitions, interest rate, taxes and charges, force majeure, interpretation, representations and warranties |
| 4) | Overview of important contractual provisions: Confidentiality clause, non-liability clause, indemnification clause, penalty clause, evidence clause |
| 5) | Overview of important contractual provisions: Provisions on contract duration and termination, termination of contract, breach of contract, assignment of contract, transfer of claim |
| 5) | Overview of important contractual provisions: Provisions on contract duration and termination, termination of contract, breach of contract, assignment of contract, transfer of claim |
| 6) | Overview of important contractual provisions (continued): Service and notification, jurisdiction, applicable law, mediation, arbitration, arbitrator and arbitration clauses, subsequent amendments to the contract, provisions applicable after termination of the contract |
| 7) | Case study (Review of sample contracts) |
| 8) | Case study (Review of Court decisions) |
| 9) | Negotiation Techniques: Character analysis, body language analysis, behavior and reaction classifications, identifying positions and needs |
| 10) | Negotiation Techniques (continued): Behavioral styles in negotiation management, general strategies and approaches to be applied in case of conflict, problem solving and compromise, conflict resolution methods |
| 11) | Negotiation Techniques (continued): Case studies and recommendations |
| 12) | Case studies |
| 13) | Case studies |
| 14) | Case studies |
| Required/Recommended Readings | Reading materials will be provided via Blackboard. | ||||||||||||
| Teaching Methods | The lectures will be taught in a way to support student participation via in-class discussions and case studies. | ||||||||||||
| Homework and Projects | |||||||||||||
| Laboratory Work | |||||||||||||
| Computer Use | |||||||||||||
| Other Activities | |||||||||||||
| Assessment Methods |
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| Course Administration |
arasc@mef.edu.tr |
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ECTS Student Workload Estimation
| Activity | No/Weeks | Hours | Calculation | ||||
| No/Weeks per Semester | Preparing for the Activity | Spent in the Activity Itself | Completing the Activity Requirements | ||||
| Course Hours | 14 | 1 | 2 | 42 | |||
| Application | 3 | 1 | 2 | 9 | |||
| Presentations / Seminar | 1 | 3 | 1 | 4 | |||
| Final Examination | 1 | 3 | 1 | 4 | |||
| Total Workload | 59 | ||||||
| Total Workload/25 | 2.4 | ||||||
| ECTS | 2 | ||||||