Module Information

Module Identifier
Module Title
Aspects of Commercial Contracting
Academic Year
Semester 2
Other Staff

Course Delivery

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%

Learning Outcomes

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.

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.


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

Transferable skills

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