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Topics of 2023 CESL International Legal Talents Competition

Topics of 2023 CESL International Legal Talents Competition are to explain/discuss the legal concepts related to Contract Law. 

As part of the registration, students should participate in the First Stage by submitting a short video presentation of themselves comprehensively answering, explaining or discussing one of the relevant questions.

There are three different topics for students to choose from in the First Stage. Students may select any one of these three topics, but only one, and should not seek to mix or combine the different topics, unless they are naturally related to their presentation of one topic.

(i) Consideration for Contract

(ii) Rescission of Contract

(iii) Quasi Contract

(i)Topic 1: Consideration for Contract

Potential sub-questions:What is the meaning of "consideration", especially for common law contracts? Why does the concept of consideration exist? How does this concept relate to gifts or gift promises in terms of legal obligations? How is this similar or different to contracts in civil law jurisdictions or in China? What is the difference between "adequate" consideration and "sufficient" consideration? What is "nominal" consideration and how does it relate to the idea of a peppercorn? In jurisdictions that require consideration, what are some examples of legally valid consideration and not valid consideration? What is your opinion about the concept of consideration, should it be a requirement for contracts, and why or why not?

(ii) Topic 2:Rescission of Contract

Potential sub-questions: What does it mean torescind a contract? Why would someone seek rescission? Why does the law allow people to rescind a contract? What are some different justifications for when a contract can legally be rescinded?  What are the results when a contract is legally rescinded? What are legally "vitiating" factors? What are some examples? How does this relate to "void" and "voidable" contracts? What provisions of Chinese civil law govern the rescission of contracts and how do these operate? What is your opinion about the law allowing rescission of contracts, how strict should courts be when considering rescission? 

(iii) Topic 3:Quasi Contract

Potential sub-questions: What is a quasi-contract or a contractimplied-in-law? How would you describe the difference between these and a regular contract in general? Explain how a quasi contract is formed or arises? Provide one or more examples of a typical quasi contract? What is the difference between a contract "implied in law" and a contract "implied in fact"? What justifies the creation of legal obligations under the scenarios of a quasi contract? What provisions govern quasi-contracts in the Chinese civil law and how do these operate? What is your opinion on the legal recognition of quasi contracts?

Students should record a video presentation of themselves explaining and discussing their chosen topic in English according to the below guidelines:

·Length should be a maximum of 5 minutes and be more than 3 minutes. Videos that are longer may be cut shorter or automatically disqualified.

·Students should begin their presentation by stating their name and university affiliation. At some point near the beginning, they should clearly identify what topic they are discussing.

·Students should prepare their remarks with the following assumptions about the intended audience. The audience is mostly lay persons, with no particular expertise or professional background in law and not familiar with the subject matter. The audience are non-Chinese speakers, fluent in English, but perhaps not as a first language. Therefore, Chinese should not be used at all and it is important to simplify ideas, explain concepts, and define terms as needed, so everyone would be able to clearly understand the presentation.

·Students are given wide discretion in deciding how to introduce, explain and discuss the topic they are presenting. Students are strongly encouraged to make their presentations both captivating and interesting. Different presentation skills can be used to capture the interest of a listener and hold their attention throughout the short talk. While including a certain degree of entertainment is welcome, any humor or other references should reasonably relate back to the underlying content of the speech. Students may use visual devices to enhance their discussion or explanations, for example writing on a black/white board, showing slides, pictures/diagrams, acting or using other props. However, the face of the individual presenter should be visibly speaking for the majority if not the entirety of the presentation (i.e. a mere voice recording over just a PPT presentation would not suffice). Notes can be used, but it is discouraged to overly rely on a script by just reading out a written statement. It is permitted to cut and combine different recordings into one final video presentation, as long as the final result connects fluently and is not seen as being choppy.

·In providing definitions or explanations, the content should be accessible to average people who may have an interest in learning about the concept and thus it may also be useful to provide either hypothetical or real case examples to help the listener understand the relevant issues and possible outcomes. 

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