Contract Law
| Module title | Contract Law |
|---|---|
| Module code | LAW2004C |
| Academic year | 2021/2 |
| Credits | 30 |
| Module staff | Dr Janet Keliher (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 80 |
|---|
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. 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 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, explore the terms of a contract and what happens when a contract is broken, and learn about 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
(c) To enable you to develop the skills to make, use and enforce contracts.
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. examine contracts and contractual clauses and apply the law of contract in analysing the documents and clauses
- 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
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
• Intention to Create Legal Relations
• Certainty and the interpretation of contracts
• Privity of Contract
• Terms of the Contract
• Exception Clauses
• Performance and Breach
• Misrepresentation
• Mistake
• Unequal Bargaining (Duress; Undue Influence; Unconscionable Bargain)
• Frustration
• Illegality
• Remedies
• Negotiation
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 60 | 240 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching activity | 20 | 20 x 1 hour lectures |
| Scheduled Learning and Teaching activity | 18 | 9 x 2 hour seminars |
| Scheduled Learning and Teaching activity | 10 | Workshop activities |
| Scheduled Learning and Teaching activity | 12 | 12 x 1 hr peer led law firm meetings |
| Guided Independent Study | 88 | Lecture preparation |
| Guided Independent Study | 90 | Seminar and workshop preparation |
| Guided Independent Study | 12 | Formative essay preparation |
| Guided Independent Study | 50 | 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 | 9 x 2 hours and workshop time | 1-6 | Immediate feedback from self, peers and tutor |
| Action Plan for development of negotiation skills during module | 750 words | 3, 6 | Individual indicative mark and individual written feedback, with supplementary oral feedback available. General comments given in a lecture or on ELE |
| Answer Plan for Part 1 of Portfolio of work in Summative Assessment | 750 words | 1, 2, 4 | 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 | 9 x 2 hours and workshop time | 1-6 | 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 divided into 4 part submission | 80 | 4,500 words or equivalent | 1, 2, 4, 5 | Individual written feedback, with supplementary oral feedback available. General comments given in a lecture or on ELE |
| Reflective Commentary on Skills Development | 20 | 1,200 words | 3, 6 | 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 | Resubmission of portfolio (4,500 words) | 1-5 | August/September reassessment period |
| Skills Assessment | Resubmission of reflective commentary on development of Professional Skills during module (1,200 words) | 3, 6 | 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 13th Ed (Palgrave Macmillan, 2019)
- Mindy Chen-Wishart, Contract Law 6th 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)
| 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 | 01/04/2021 |
