- Mr Abhilash Nair (Senior Lecturer - Aston University)
|Delivery Type||Delivery length / details|
|Seminar||11 x 2 Hour Seminars|
|Assessment Type||Assessment length / details||Proportion|
|Semester Assessment||WRITTEN ASSIGNMENT (6,000 WORDS)||80%|
|Semester Assessment||ORAL PRESENTATION||20%|
|Supplementary Assessment||WRITTEN ASSIGNMENT (6,000 WORDS, TO BE SUBMITTED, IF FAILED)||80%|
|Supplementary Assessment||ORAL PRESENTATION (TO BE DELIVERED, IF FAILED)||20%|
understand some of the problems of commercial contracting and how to deal with, or avoid them, where that is possible. The aimof the module is to enhance the students' abilities to analyse legal problems and to use legal rules to achieve required commercial ends.
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.
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
Throughout the module, students will practise and develop their skills of research, analysis, time-management, oral and written presentation. In seminars they will develop their ability to listen, understand and explain subject related topics as well as present a point of view orally and discuss their thoughts with the rest of the class; their assignments will enable them to develop their skills of independent research, analysis, presentation and writing (including data collection and retrieval, IT and time management). All learning throughout the module will be relevant to a career in any legal profession.
This module is at CQFW Level 7