Module Information
Course Delivery
| Delivery Type | Delivery length / details |
|---|---|
| Seminars / Tutorials | 8 Hours. 4 x 1 hour seminars in each semester. |
| Lecture | 40 Hours. |
Assessment
| Assessment Type | Assessment length / details | Proportion |
|---|---|---|
| Semester Assessment | Essay - Assessed essay of 1500 words required in Week 9 of Semester 2 | 30% |
| Semester Assessment | Study log / portfolio (500 words) | 20% |
| Semester Exam | 2 Hours Exam Candidates are not permitted to bring any books, notes or other materials into the examination. | 50% |
| Supplementary Assessment | Essay - Assessed essay of 1500 words - if essay element failed | 30% |
| Supplementary Assessment | Study log / portfolio - if study log / portfolio element failed | 20% |
| Supplementary Exam | 2 Hours Exam - if failed exam element. Candidates are not permitted to bring any books, notes or other materials into the examination. | 50% |
Learning Outcomes
To give the student a good understanding of contract law as a largely common law subject and to develop the students understanding of precedent and the use of legal argument based on case law. To develop the student's skills in applying contract law to particular questions /problems. To meet the requirements for professional exemption. To equip the students to study further modules which rely on a knowledge of contract law.
Brief description
Contract law is part of the fabric of our everyday lives. We make contracts when we buy a newspaper or travel on a bus. Obviously not all contracts are of those simple types. Contracts dealing with the construction of ships or buildings will be highly complex. Nevertheless, across that spectrum the underlying principles of contract law remain the same and it is those basic principles which are the subject matter of this course. Contract law is a foundation subject and is normally studied in the first year of the degree scheme. The course aims to provide a solid grounding in the rules of Contract Law as a legal area on which others will build. However, it does not simply aim to provide a view of the law as a set of rules but as an area developing in the light of tensions within the law and the difficulties encountered in particular contexts. As a course taken at the start of legal study, it also has an important role in developing basic legal skills. The aim is to promote an understanding of how a legal area which is largely based on case law develops.
Aims
To give the student a good understanding of contract law and, in so doing, to further the development of an awareness of the need for, and use of, accurate language; a logical approach to problems; legal analytical skills; effective communication skills, both orally and on paper and a critical approach to law and legal argument.
Content
The main contract law modules are taught through lectures and seminars. The lecture is a means of introducing the basic rules and highlighting difficulties and tensions within the law. Seminars are an interactive learning process for the student, based upon the student's, private study of the area under review. Questions are set for seminars to enhance the student's understanding of Contract Law and also to develop their skills in dealing with precedent and statutory interpretation. Students are encouraged to take a critical approach to the law, identifying the tensions within it and the context of its development.
Syllabus
1. Introduction to the Law of Contract.
2. Formation of the Contract.
3. Intention to create legal relations.
4. Consideration.
5. Privity.
6. Express and Implied Terms.
7. Conditions, Warranties and Innominate Terms.
8. Exemption clauses & Unfair Terms.
9. Misrepresentation.
10. Duress and undue influence.
11. Mistake.
12. Frustration.
13. Performance and Breach.
14. Remedies.
15. An outline of the Law of Restitution.
Reading List
Recommended TextKoffman & Macdonald (2010) The Law of Contract 7th ed. Oxford University Press Primo search McKendrick, Ewan. (2010) Contract Law: text, cases, and materials 4th ed. Oxford University Press Primo search Poole, Jill (2010) Casebook on Contract Law 10th ed. Oxford University Press Primo search Supplementary Text
Atiyah, P. S. (2005) Atiyah's Introduction to the Law of Contract 6th ed. Clarendon Press Primo search Cheshire, G. C. (2006) Cheshire, Fifoot and Furmston's Law of Contract 15th ed. Oxford University Press Primo search Treitel, G. H. (2007) The Law of Contract 12th ed. Sweet & Maxwell Primo search
Notes
This module is at CQFW Level 4