THE COMMON LAW IN COMMERCIAL LITIGATION
High-value, high-profile and high drama corporate and commercial disputes often dominate the news cycle and seize the public imagine. Think of the fallout among the founders of Facebook, Apple's recent 'battery-gate' scandal, and so on. Many such disputes involve, in whole or part, civil litigation among private parties, which is an incredibly complex and challenging area of legal practice.
In the common law world, civil litigation practice requires mastery of legal doctrine spanning the law of contract, torts, equity and trusts, unjust enrichment, agency, and remedies, not to mention specialist knowledge of banking law, shipping law, corporate law as well as the relevant regulatory domains.
The purpose of this course is to provide participants from non-common law backgrounds an accessible introduction to the core areas of common law that commercial litigators and practitioners apply in tackling such disputes.
Pedagogically, we use a 'real-world' case study method as the platform for grounding the discussions in our lectures and tutorials, based on popular models such as the Harvard Business School case method, the hypothetical problem-method used in leading law schools, as well as popular texts which present legal material through case studies, such as Contracts in the Real World: Stories of Popular Contracts and Why They Matter (CUP 2016) and Company Law in Context (2012).
Our approach is intended to take participants quickly up the learning curve, by helping participants to get a feel of the main common law doctrines and how these are keyed to commercial practice. As with experiences in tackling moot problems, we believe that students learn best not by going through the texts of each body of doctrinal law, but by learning to hone in on relevant and overlapping areas as part of a legal strategy.
|Welcome message from Dean of NUS SCALE
||Tutorials conducted over Zoom
Participants should be able to read, write and communicate fluently in English, and understand basic terminologies used in the class.
WHO SHOULD ATTEND
Anyone with little or no knowledge of common law and wants to learn common law doctrine and reasoning relating to commercial disputes.
MODE OF DELIVERY
23 hours of hybrid online programme, including asynchronous lessons, tutorials and a final project presentation
MODE OF ASSESSMENT
Tan Zhong Xing
Assistant Professor, Faculty of Law
National University of Singapore
A graduate of Harvard Law School and the NUS Law Faculty, Zhong Xing first joined the faculty as a member of the inaugural batch of Sheridan Fellows, subsequently being appointed Assistant Professor in 2018. Zhong Xing’s research and teaching interests are in contract law, private law and legal theory, and commercial and corporate law more generally, as well as the various intersection points between these fields. He has written more recently on the role of distributive justice in contract law, the rise of the ‘relational contract’ concept, the interface between private and public norms in contracting, as well as evolving doctrinal areas including the concept of good faith and the law of contractual interpretation.
His work has been published (or is forthcoming) in a number of leading general and specialist law journals, including the Modern Law Review, Legal Studies, the Canadian Journal of Law and Jurisprudence, and has been cited by the Singapore Court of Appeal. Over the last few years Zhong Xing has been the recipient of various awards, including the Hart Publishing Prize for the best paper by an early career scholar at the Ninth Biennial Conference on the Law of Obligations (2018), and previously, Harvard Law School’s Project on the Foundations of Private Law Prize, as well as the Montrose Memorial Prize for Jurisprudence and the Wong Peng Koon Prize for Best Directed Research Paper at NUS Law.
Senior Lecturer, Faculty of Law
National University of Singapore
Justin holds an LLB (NUS, 1st Class Honors), BBA (NUS) and an LLM in tax (NYU, where he was a Vanderbilt scholar). He practised tax law at Baker & McKenzie.Wong & Leow, advising on the international tax aspects of cross-border transactions.
Justin has published in tax-related journals, including International Tax Review and IBFD’s Asia-Pacific Tax Bulletin. He has also published on torts in Torts Law Journal and Singapore Journal of Legal Studies
CERTIFICATE OF COMPLETION
Successful participants who complete all requirements of the programme including passing the assessment will receive a certificate of completion issued by NUS SCALE.
A sample of the certificate of participation can be found here:
Participants from the project team with the highest score for the group project will also receive a commendation letter. A sample is shown below:
in collaboration with Looker Education Group
For programme enquiries, please fill the form here.