German Business Law I

This module provides an introduction to basic concepts of German Civil Law.
It is separated into a lecture and a tutorial (case studies).
Topics covered are:
- legal capacity, capacity to contract, protection of minors
- declaration of intent, contract, representation, appearance of a legal position
- Law of obligations - general rules: creation, content and termination of obligations, General Terms and Conditions, consumer protection in specific marketing channels (distance selling, door-to-door sale)
- Law of obligations - special rules: agreement categories, act of sale/contract for services, defaults (breach of duty), cancellation, abatement, compensation, purchase of consumer goods
- Unjust enrichment
- Law of torts
- Property law

At the end of this subject students will be able
(1.) to understand the basic principles of German civil law,
(2.) to grasp the legal framework of business activity, in particular regarding liability under tort and contract,
(3.) to analyse legal implications of typical business situations and to identify their options,
(4.) to present the results of their analysis in a written memorandum.

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This module comprises the lecture "German Business Law I" and the tutorial "Case Studies in Business Law I".
The lecture will cover the theoretical aspects of the module in a discussion with the lecturer. The tutorial will focus on case studies. It will provide the opportunity to work individually or in groups on case scenarios (known and unknown), covering issues of contract, tort and property law. The purpose is to repeat and to intensify the content discussed in the lecture and to review and evaluate legal issues from different areas of law in everyday situations. Students will develop the ability to present these findings in a concise and well-structured written analysis.

This module is also offered at TUM Campus Straubing.

Presentations (PPT), Case studies (including model answers)

Legislative Text: Bürgerliches Gesetzbuch, Zivilprozessordnung
Literature: Ann/Hauck/Obergfell, Wirtschaftsprivatrecht kompakt

In the final assessment students will need to demonstrate to what extent they have met the Learning Objectives. This assessment will be held as a written exam of 120 minutes. The exam consists of two parts which count for approximately 50 per cent each.
In the first part, students will be asked theoretical questions. This will demonstrate to what extent they have memorised and understood principles of the law of contracts (formation, discharge, and liability), tort law and property law.
Students will also be asked to apply their knowledge to known and fictional cases. This second part demonstrates if students have developed the required legal analytical skills. Students also need to demonstrate their ability to their knowledge to fact settings not discussed in the lecture, and to evaluate the legal consequences.