Contract Law
| Module title | Contract Law |
|---|---|
| Module code | LAW2004B |
| Academic year | 2023/4 |
| Credits | 30 |
| Module staff | Dr Amy Man () |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 12 | 11 |
| Number students taking module (anticipated) | 30 |
|---|
Module description
In this module, you will examine the English law of contract. 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 problems, while considering the practical consequences to contextualise the law.
Module aims - intentions of the module
This module examines the English law of contract and its theoretical doctrines and practical applications. Attention will be paid to the formation of contractual relations, the requirements for enforceability of contracts, 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 to:
(a) give you an understanding of the different aspects of the law of contract;
(b) encourage you to think practically in this field, and apply the legal rules and principles you have learned to specific situations, and;
(c) 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
• Intention to Create Legal Relations
• Terms of Contract
• Exception Clauses
• Performance and Breach
• Misrepresentation
• Unequal Bargaining
• Frustration
• Remedies
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 55 | 245 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching activities | 55 | 22 x 2.5 hour seminars |
| Scheduled Learning and Teaching Activities | 151 | Individual reading and seminar preparation |
| Guided Independent Study | 94 | Assessment preparation |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Examination-style question | 1,000 words | 1-6 | Individual written feedback (with oral feedback upon request) |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 0 | 100 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Examination 1 (take-home, open book) | 30 | 1 hour intended duration (within a 24-hour submission window) | 1-6 | Individual written feedback (with oral feedback upon request) |
| Examination 2 (take-home, open book) | 70 | 2 hours intended duration (within a 24-hour submission window) | 1-6 | Individual written feedback (with oral feedback upon request) |
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 |
|---|---|---|---|
| Examination 1 (take-home, open book) | Examination 1 (take-home, open book; same as above) | 1-6 | August/September reassessment period |
| Examination 2 (take-home, open book) | Examination 2 (take-home, open book; same as above) | 1-6 | August/September reassessment period |
Indicative learning resources - Basic reading
Basic reading (please ensure in each case that you use the current edition):
1. Taylor and Taylor, Contract Law Directions, 8th edition (OUP)
2. Santier and Merkin, Poole’s Textbook on Contract Law 15th Edition (OUP, 2001)
3. Saintier & Merkin, Poole’s Casebook on Contract Law 15th Edition (OUP, 2021)
Indicative learning resources - Web based and electronic resources
ELE – vle.exeter.ac.uk
| 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 | 01/10/2006 |
| Last revision date | 21/07/2022 |
