Module Identifier
LAM7310
Module Title
SUBSTANTIVE ISSUES IN COMMERCIAL CONTRACTING
Academic Year
2008/2009
Co-ordinator
Dr Ruth D Atkins
Semester
Semester 2
Other Staff
 

Course Delivery

 

Assessment

Assessment Type Assessment length / details Proportion
Semester Assessment One assignment of 5,000 words  Learning outcomes 1,2,3,4,5  100%
Supplementary Assessment One assignment of 5,000 words 

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

Rationale:
The module will enable students to study some of the most litigious substantive legal issues arising from commercial contracting. The module will be studied at a postgraduate level through the distance learning format which will increase the availability and opportunity for studying this subject especially for a range of potential students already in employment in relevant areas of business. The module deals with important elements of commercial law which have significance to all engaged in commercial activity.

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.

Content

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.

Module Skills

Skills Type Skills details
Application of Number N/A
Communication Written communication is developed by the presentation of information and argument in written answers and in a more informal way by the use of Blackboard to encourage communication among students and between students and staff. Oral communication skills are developed at the residential study schools.
Improving own Learning and Performance Distance learning, by its very nature, requires strong individual learning and performance structures and this module further develops key skills in this area.
Information Technology The module is delivered almost entirely by distance learning which relies heavily on the use of electronic information resources and on-line learning and teaching.
Personal Development and Career planning Independent learning enhances time management skills. Studying the module will also develop an enhanced capacity for critical thought and the ability to work independently.
Problem solving By the examination and discussion of actual and hypothetical case studies.
Research skills Through the detailed study at advanced level of literature, legal material and research findings on the subject.
Subject Specific Skills This module provides students with the opportunity to identify, analyse, evaluate and practise a series of series of skills with respect to the negotiation of international contracts.
Team work Team working skills will be encouraged and developed in group activities and discussions at the residential study schools.

Notes

This module is at CQFW Level 7