Contract Law

Module title	Contract Law
Module code	LAW2004C
Academic year	2020/1
Credits	30
Module staff	Dr William White ()

Duration: Term	1	2	3
Duration: Weeks	11

Number students taking module (anticipated)	110

Module description

So much of everyday life is regulated by a contract: for example, buying food, or a train ticket, renting a house, or getting a job. Contract also regulates multi-million pound transactions: for example, the corporate take-over of another company, building a new factory, or commissioning a container ship, or. Knowledge of contract law is empowering in helping us to understand these transactions and resolve disputes. It is a central part of the law of the England and Wales, and is currently prescribed by the governing bodies of the professions (solicitors and barristers) as a foundation subject for a qualifying law degree. In this module, you will experience the process of making a contract, what happens when a contract is broken, and which circumstances enable one of the parties to escape from a contract. The emphasis of this module will be on applying the rules and principles of contract law in context to real-life cases and on developing the skills to make, use and enforce contracts.

Module aims - intentions of the module

This module examines the use of English law of contract in action drawing, where relevant, on materials from other jurisdictions. We will look at the formation of contractual relations, the requirements for enforceability of contracts, the rights of third parties, terms and interpretation of contracts, performance and breach of contracts, vitiating factors and remedies. The module primarily examines the law of contract in a commercial and organisational setting.

The module aims:

(a) To allow you to develop a detailed understanding of the different aspects of law of contract;

(b) To encourage you to think practically in this field, and apply the legal rules and principles you have learned to specific situations, and;

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

1. demonstrate a detailed understanding of the main areas of English law of contract
2. draft different types of contracts, and contractual clauses and explain the reasons for your choices
3. demonstrate the skills necessary to conduct contractual negotiations

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

4. collect, synthesise and apply legal knowledge to a problem / case study to inform a choice of solutions

ILO: Personal and key skills

On successfully completing the module you will be able to...

5. use feedback to adapt your actions to reach a desired aim and review the impact of your adaptations
6. demonstrate awareness of your personal responsibilities and of professional codes of conduct in relation to client management
7. interact effectively within a team, giving and receiving information and ideas and modifying your responses where appropriate

Syllabus plan

Whilst the precise content may vary from year to year, it is envisaged that the syllabus will cover all or some of the following topics:

Formation of Contract (Formal Requirements; Offer and Acceptance)
Consideration and Qualifications to Consideration (Waiver and Equitable Estoppel)
Intention to Create Legal Relations
Certainty and Clarity
Privity of Contract
Terms of Contract
Exception Clauses
Performance and Breach
Misrepresentation
Mistake
Unequal Bargaining (Duress; Undue Influence; Unconscionable Bargain)
Frustration
Illegality
Remedies (Debt; Damages- kinds, measurement, contributory negligence, remoteness of damage, mitigation of loss, timing; Penalties; Restitution; Specific Performance; Injunction)
Negotiation
Contractual drafting

Learning activities and teaching methods (given in hours of study time)

Scheduled Learning and Teaching Activities	Guided independent study	Placement / study abroad
66	234	0

Details of learning activities and teaching methods

Category	Hours of study time	Description
Scheduled Learning and Teaching activity	22	22 x 1 hour lectures
Scheduled Learning and Teaching activity	22	11 x 2 hour seminars
Scheduled Learning and Teaching activity	10	Workshop activities
Scheduled Learning and Teaching activity	12	6 x 2hr peer led law firm meetings
Guided Independent Study	88	Lecture preparation
Guided Independent Study	88	Seminar and workshop preparation
Guided Independent Study	10	Formative essay preparation
Guided Independent Study	48	Summative assessment preparation

Formative assessment

Form of assessment	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
You will receive feedback on your oral contributions during seminars and workshops	11 x 2 hours and workshop time	1-5, 7	Immediate feedback from self, peers and tutor
Draft contractual clauses	1000 words	1-2	Individual indicative mark and individual written feedback, with supplementary oral feedback available. General comments given in a lecture or on ELE
You will receive feedback on your written work during seminars and workshops which will form part of your portfolio	11 x 2 hours and workshop time	1-5	Tutor guided self and peer in- class assessment. Written tutor feedback where appropriate

Summative assessment (% of credit)

Coursework	Written exams	Practical exams
100	0	0

Details of summative assessment

Form of assessment	% of credit	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Portfolio of work	80	5000 words or equivalent	1-5	Individual written feedback, with supplementary oral feedback available. General comments given in a lecture or on ELE.
Personal and Professional Skills Action Plan	10	Reflective commentary 800 words (on personal and professional action plan workbook which must be supplied)	6	Pre submission feedback given Individual written feedback, with supplementary oral feedback available. General comments given in a lecture or on ELE.
Personal and Professional Skills Action Plan Teamwork Assessment	10	Reflective commentary 800 words (on firm work during module and completed peer Questionnaires)	7	Pre submission feedback given Individual written feedback, with supplementary oral feedback available. General comments given in a lecture or on ELE.

Details of re-assessment (where required by referral or deferral)

Original form of assessment	Form of re-assessment	ILOs re-assessed	Timescale for re-assessment
Portfolio of work (80%)	Rresubmission of portfolio (5000 words)	1-5	August/September reassessment period
Personal and Professional Skills Action Plan (10%)	Resubmission of reflective commentary 800 words (on personal and professional action plan workbook which must be supplied)	6	August/September reassessment period
Teamwork Assessment (10%)	Resubmission of reflective commentary 800 words (on firm work during module and completed peer Questionnaires)	7	August/September reassessment period

Indicative learning resources - Basic reading

Basic reading:

Richard Stone and James Devenney, The Modern Law of Contract 13th Ed (Routledge, 2019)
Euan McKendrick, Contract Law 13 th Ed (Palgrave Macmillan, 2019)
Mindy Chen-Wishart, Contract Law 6 th Ed (OUP, 2018)
Sir Jack Beatson, Andrew Burrows and John Cartwright, Anson’s Law of Contract 31st Ed (OUP, 2020)
Elizabeth Macdonald and Ruth Atkins, Koffman and Macdonald ‘s Law of Contract 9th Ed (OUP, 2018)

Key words search

Law, contract, Privity, Exception, Clauses, Performance, Breach, Misrepresentation, negotiation, drafting

Credit value	30
Module ECTS	15
Module pre-requisites	None
Module co-requisites	None
NQF level (module)	5
Available as distance learning?	No
Origin date	03/04/2018
Last revision date	10/03/2020