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Law of Contract

  • Module code: LL4302
  • Year: 2018/9
  • Level: 4
  • Credits: 30
  • Pre-requisites: None
  • Co-requisites: None

Summary

The law of contract is the law of legally enforceable agreements and is at the heart of the English common law. It is one of the seven foundations of legal knowledge and invariably forms part of any degree with an overt legal content. It describes the rules which govern commercial activity, allowing businesses and consumers to maintain stable, consistent relationships over time and over distance. These rules encompass the complex multi-party arrangements for the construction of a stadium, and the employment of the cleaners and the star players, as well as the purchase of a hot dog from a stall outside.

Aims

  • To enable students to gain an understanding of the fundamental elements of the law of contract, as described in both case law and statute
  • To enable students to gain an appreciation of the underlying dynamics which have generated the modern law of contract
  • To enable students to develop an ability to construct and evaluate legal arguments, both orally and in writing.

Learning outcomes

On successful completion of the module, students will be able to:

  • Demonstrate an ability to explain the main principles of the law of contract and to apply those principles to a range of practical situations
  • Demonstrate an ability to use both case law and statutory authority so as to produce relevant and effective legal advice
  • Demonstrate an ability to construct and to evaluate legal arguments, both orally and in writing
  • Demonstrate an ability to operate effectively as part of a group.

Curriculum content

  • Contract formation and the nature of a legally enforceable agreement
  • Consideration, privity of contract and the intention to create legal relations
  • The nature of an agreement and the mechanics of offer and acceptance
  • Factors which may operate to vitiate an agreement, including mistake, misrepresentation, duress and undue influence
  • Express and implied terms, as well as unfair terms and consumer protection
  • Discharge and frustration of a contract, as well as repudiatory breach
  • Contractual damages, rescission and specific performance.

Teaching and learning strategy

The module will be delivered through a programme of weekly one-hour feedback/feedforward sessions and weekly two-hour workshops. The former will outline the core module topics and refer students to cases and articles indicated in the handbook. The workshops will provide a context in which the students can debate the issues and apply their knowledge and understanding to a range of practical situations.

Due to the experiential nature of the learning on this degree, and the importance of professional development enabling students to develop practical skills, learn from and interact with others, attendance is compulsory. Any students not attending a minimum of 80% of their timetabled sessions will be at risk of academic failure or termination from the course.

Breakdown of Teaching and Learning Hours

Definitive UNISTATS Category Indicative Description Hours
Scheduled learning and teaching 22 one-hour feedback/feed forward sessions lectures 22 two-hour workshops 66
Guided independent study Reading cases and materials and preparation of seminar tasks and assessments 234
Total (number of credits x 10) 300

Assessment strategy

The module will be assessed by a  coursework counting for 50% of the overall mark and an examination counting for the remaining 50%.  The seminars will provide a context for formative assessment of the type of problem question which will be encountered in the examination.  

Mapping of Learning Outcomes to Assessment Strategy (Indicative)

Learning Outcome Assessment Strategy
1) Demonstrate an ability to explain the main principles of the law of contract and to apply those principles to a range of practical situations Seminars and then assessment and examination
2) Demonstrate an ability to use both case law and statutory authority so as to produce relevant and effective legal advice Seminars and then assessment and examination
3) Demonstrate an ability to construct and to evaluate legal arguments, both orally and in writing Seminars and then assessment and examination
4) Demonstrate an ability to operate effectively as part of a group Seminars and then assessment and examination
5) Demonstrate enhanced employability skills Seminars and then assessment and examination

Elements of Assessment

Description of Assessment Definitive UNISTATS Categories Percentage
CWK Coursework 50
EXWR Written Examination 50
Total (to equal 100%) 100%

Achieving a pass

It IS NOT a requirement that any major assessment category is passed separately in order to achieve an overall pass for the module.

Bibliography core texts

M Furmston, Cheshire, Fifoot & Furmston's Law of Contract (Oxford University Press)

Bibliography recommended reading

E McKendrick, Contract Law: Text, Cases and Materials (Oxford University Press) 

E Peel, The Law of Contract (Sweet & Maxwell)

S Smith and P S Atiyah, Atiyah's Introduction to the Law of Contract (Oxford University Press) 

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