Contract Law
Module title | Contract Law |
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Module code | LAW2004B |
Academic year | 2021/2 |
Credits | 30 |
Module staff | Dr Mathilde Pavis (Convenor) |
Duration: Term | 1 | 2 | 3 |
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Duration: Weeks | 12 | 11 |
Number students taking module (anticipated) | 25 |
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Module description
In this module you will examine in detail the English law of contract, drawing where relevant on materials from other jurisdictions. Attention will be paid to the characteristics of contract, the nature, purposes and approaches of contract law, the nature and requirements of contractual agreement, consideration and other requirements for enforceability of contracts, terms and interpretation of contracts, vitiating factors and remedies. Traditionally, contract law alongside tort law is the ‘law of obligations’ and therefore an important part of everyday life for individuals, businesses and even public agencies. Knowledge and understanding of contract law is imperative in a variety of theoretical and practical dispute resolution and problem solving contexts. The emphasis of the module is therefore on applying the rules, principles and concepts of contract law to real-life cases with practical consequences and to contextualise the law.
The module is one of the seven foundations of legal knowledge required by the JASB of the Law Society and Bar Council and it is therefore compulsory for all who wish to progress onto the Vocational Stage of Training to become a Solicitor or Barrister.
Module aims - intentions of the module
This module examines the English law of contract and its theoretical doctrines and practical applications, drawing, where relevant, on materials from other jurisdictions. Attention will be paid to 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 examines the law of contract in its social, moral and commercial setting.
The module aims:
(a) to give you an 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;
(c) to enable you to identify and evaluate issues within the law of contract.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. demonstrate a thorough understanding of the main areas of English law of contract and be able to describe and discuss the theoretical and practical contexts in which they operate;
- 2. demonstrate awareness of some wider social and contextual implications of the areas of contract law;
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. demonstrate knowledge and understanding of a range of legal concepts, values, principles, institutions and procedures, and the ability to explain the relationships among them;
- 4. demonstrate ability to apply legal knowledge to a problem and to discuss it.
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 5. demonstrate effective and accurate communication skills in a manner appropriate to the discipline / different contexts;
- 6. identify, retrieve and use efficiently a range of resources with some guidance;
Syllabus plan
Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:
- Introduction
- 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
- Good faith
- 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)
Learning activities and teaching methods (given in hours of study time)
Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
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55 | 245 | 0 |
Details of learning activities and teaching methods
Category | Hours of study time | Description |
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Scheduled Learning and Teaching activities | 22 | 22 x 1 hour Lectures |
Scheduled Learning and Teaching Activities | 33 | 22 x 1.5 hour seminars |
Guided Independent Study | 63 | Individual reading and lecture preparation |
Guided Independent Study | 88 | Seminar preparation |
Guided Independent Study | 32 | Formative assessment preparation |
Guided Independent Study | 62 | Formative assessment preparation |
Formative assessment
Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
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Formative professional opinion. *See summative assessment. A student has two opportunities to submit an opinion. If a student chooses to submit two opinions the one gaining the higher mark will be treated as summative, and the other will be regarded as formative. | 48 hour turn-around. 2,500 words. | 1-6 | Individual indicative mark and individual written feedback, with supplementary oral feedback available. General comments given to the cohort. |
Summative assessment (% of credit)
Coursework | Written exams | Practical exams |
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100 | 0 | 0 |
Details of summative assessment
Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
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Professional Opinion (the higher mark of two opinions) The student will have two opportunities to write a professional opinion for summative assessment (one in the first term and one in the second). A student may choose only to complete one (in which case the mark awarded will be the mark for this 50% part of the assessment) or to complete two (in which case the higher of the two marks will be taken) | 50 | 48 hour turn-around, 2,500 words | 1-6 | Individual written feedback, with supplementary oral feedback available |
Professional Opinion | 50 | One week turn-around, 2,500 words | 1-6 | Individual written feedback, with supplementary oral feedback available |
0 | ||||
0 | ||||
0 | ||||
0 |
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 |
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Professional Opinion (50%)* | Professional Opinion (48 hour turn-around, 2,500 words) | 1-6 | August/September reassessment period |
Professional Opinion (50%) | Professional Opinion (one week turn-around, 2,500 words) | 1-6 | August/September reassessment period |
Re-assessment notes
*If a student achieves less than 40% in one opinion but 40% or more in the other, the higher mark will be taken. If a student achieves less than 40% in both opinions, and is permitted to refer, he or she may submit a third opinion (and will be capped at 40%). If a student defers in respect of one or both opinions, he or she may submit one deferred opinion and the mark awarded for it will be taken.
Indicative learning resources - Basic reading
Basic reading (please ensure in each case that you use the current edition):
1. McKendrick, Contract Law (Palgrave Macmillan)
2. Beatson, Burrows and Cartwright, Anson’s Law of Contract (OUP)
Credit value | 30 |
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Module ECTS | 15 |
Module pre-requisites | None |
Module co-requisites | None |
NQF level (module) | 5 |
Available as distance learning? | No |
Origin date | 01/10/2006 |
Last revision date | 24/7/2020 |