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Contract Law

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)

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)

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)

Key words search

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