| Module Identifier |
LAM0420 |
| Module Title |
ASPECTS OF COMMERCIAL CONTRACTING |
| Academic Year |
2002/2003 |
| Co-ordinator |
Miss Elizabeth A Macdonald |
| Semester |
Semester 1 |
| Course delivery |
Seminars / Tutorials | 20 Hours 10 x 2 hour seminars |
| Assessment |
Semester Assessment | Seminar Presentation: | 20% |
| |
Semester Assessment | Essay: Two assessed essays of 2500-3000 words each | 80% |
Learning outcomes
The objective of the course is to enhance the students' awareness and understanding of some of the problems of commercial
contracting and how to deal with, or avoid them, where that is possible. The aim is to enhance the students' abilities to analyse
legal problems and to use legal rules to achieve required commercial ends.
Brief description
Contracts lie at the heart of business law and this module examines some of the fundamentals of commercial contracting,
allowing the student to give more detailed and focused attention to the issues than was possible at undergraduate level. This
module should combine well with most others as part of a coherent scheme of study. It will consider - standard form contracts; the planning of performance; the trends in interpretation of contracts; the Unfair Contract Terms Act 1977; the Unfair Terms in Consumer Contracts Regulations of 1999; the position of third parties (eg in relation to their acquiring the protection of exemption clauses); and the use of liquidated damages clauses, penalty clauses and related devices; some some questions in relation to the scope of contractual damages; duress and undue influence problems.
Content
1. Introduction
2. Standard Form contracts
3. Planned performance
4. Interpreting contracts
5. Exemption clauses - the Unfair Contract Terms Act 1977
6. Unfair Terms in Consumer Contracts Regulations 1994
7. Third parties
8. Liquidated damages / Penalty clauses
9. Scope of damages
10. Duress and Undue Influence
Reading Lists
Books
Beale, Bishop, Furmston.
Contract Cases and Materials..
Treitel.
The Law of Contract.
Koffman & Macdonald,.
The Law of Contract.
Macdonald.
Exemption Clauses & Unfair Terms.