Module Information

Module Identifier
Module Title
Substantive Issues in Commercial Contracting
Academic Year
Distance Learning

Course Delivery



Assessment Type Assessment length / details Proportion
Semester Assessment Module Assessment  Written Assignment of 5,000 words  100%

Learning Outcomes

On successful completion of this module students should be able to:

1. Display a knowledge and understanding of the doctrine of undue influence and critically evaluate the implications of the doctrine for the banking sector.
2. Display a knowledge and understanding of the legal principles associated with duress and specifically the implications of the doctrine of economic duress for those renegotiating existing contracts.
3. Critically evaluate the current judicial and legislative approach towards mechanisms employed to control contractual liability.
4. Display an ability to gain access to the relevant literature and materials in this field and how to use them in a critical discussion of the issues covered by this subject.
5. Present critical and well-informed argument regarding the problems of achieving an effective balance between the pursuit of regulatory control of contractual terms and the parties? freedom to contract.

Brief description

This module will provide an opportunity to examine key substantive legal issues associated with commercial contracting. The principal areas to be studied in depth include: legal issues associated with the control and limitation of contractual liabilities; the law relating to undue influence and its significance for the banking sector; and the growing relevance of duress, particularly economic duress in the construction industry. The module will be studied from a common law perspective which provides an appropriate gateway to the study of these issues in an international context.


1. Liability Control:
a) Penalty Clauses, Liquidated Damages Clauses and related devices,
b) Exemption Clauses,
c) Entire Agreement Clauses,
d) Force Majeure Clauses.
2. Undue Influence.
3. Duress.


This module is at CQFW Level 7