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The Law of Contract

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 in relevant legal practice, social, economic, political, historical, philosophical, ethical and cultural settings. 

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 aims to provide you with knowledge and understanding of different aspects and general principles of English contract law. To this end, the module gives you an overview of the requirements for the formation of contract, consideration, terms, interpretation and enforceability of contract, vitiating factors, damages and other remedies.  In particular, the module aims to enable you to:

(a) develop knowledge and understanding of the general principles and traditional approaches of English contract law and compare them with alternative models and techniques;

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

(c) develop the ability to identify and analyse problematic issues within the law of contract; and

(d) gain an analytical and critical approach to contract law and an awareness of social, policy and other issues that can impact on contractual relations, including fairness, inequality of bargaining power and public policy.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

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

• 1. demonstrate knowledge and understanding of the law on the topics covered on the module, using appropriate concepts, interpretative techniques and terminology;
• 2. identify and analyse (with guidance) the general concepts and principles relating to contract law, together with related theories and academic commentary;
• 3. research a legal question and demonstrate competence in applying contract law in order to formulate and evaluate a response to it;
• 4. demonstrate competent understanding of some of the relevant legal practice, social, economic, political, historical, philosophical, ethical and cultural contexts within which contract law operates;

ILO: Discipline-specific skills

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

• 5. demonstrate knowledge and understanding of a range of legal rules, concepts, values and principles, and the ability to explain and discuss the relationships among them;
• 6. make an informed judgement about the merits and relevance of particular information and make reasoned choices between alternative solutions or arguments;
• 7. communicate technical legal information and argument effectively and concisely, in a manner appropriate to the discipline;

ILO: Personal and key skills

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

• 8. take responsibility for own learning (with support), and to work effectively with others within a group, meeting obligations to the other members of the group;
• 9. identify, retrieve and use efficiently a range of resources with some guidance;
• 10. manage time efficiently in preparing for learning activities and to work independently within a limited timeframe to complete a specified task.

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 to English contract law, Agreement and Intention to Create Legal Relations

• Consideration 

• Enforceability and Terms of Contract

• Exception Clauses  

• Misrepresentation 

• Mistake and Frustration 

• Duress, Undue Influence and Unconscionable Bargain 

• Remedies 

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

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

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

Indicative learning resources - Basic reading

Saintier & Merkin, Poole’s Casebook on Contract Law 14^th Edition (OUP, 2019)

McKendrick, Contract Law 13^th  Ed  (Palgrave Macmillan, 2019)

Chen-Wishart, Contract Law 6^th  Ed  (OUP, 2018)

McKendrick, Contract Law Text, Cases and Materials 7^th Ed (OUP, 2016)

Key words search

Agreement, Breach of Contract, Consideration, Contract, Contractual  Intention, Exception Clauses, Frustration, Law, Misrepresentation, Mistake,  Remedies, Terms, Unconscionability, Vitiating Factors