LAW4022 - Contract Law

Objectives:

On successful completion of the module, students will be able to:
Demonstrate knowledge and understanding of the operation and fundamental principles of the law of contract.
Demonstrate knowledge and understanding of the legal concepts, values, principles and rules of English contract law, and their inter-relationship, within relevant contexts.
Make a personal and reasoned judgement based on an informed understanding of standard arguments in the area of law in question.
Communicate knowledge and arguments in written form appropriate for the purpose and audience, using proficient English and correct legal terminology.

Content:

This module provides a general introduction to the operation and fundamental principles of the legal system of England and Wales, enabling students to acquire a basic knowledge of:

- Formation, including offer and acceptance, consideration, intention to create legal relations, certainty
- Variation and promissory estoppel
- Privity of contract and rights of third parties
- Terms, including terms implied by common law and statute
- Interpretation of contracts
- Exemption clauses and unfair terms
- Vitiating factors: including mistake, misrepresentation, duress and undue influence
- Termination of contract for breach or frustration
- Remedies: damages, award of an agreed sum, specific performance, injunctions
- Restitution for unjust enrichment (especially in the context of termination of a contract),

or such other content as may be specified by the SRA and BSB for QLDs.

The module also enables students to develop awareness of the issues surrounding contract law, practical and ethical implications, and to evaluate its operation within society, and to appreciate the social, economic and political contexts and underlying policy issues relating to its operation, and their impact.

This module will also serve the function of developing practical ability to analyse cases and to apply legal method and legal reasoning to them, in the light of specific needs and instructions. In doing so, this module will have a particular connection to the theoretical and practical work undertaken in LAW4032 Legal Skills.

The module covers the Contract and Restitution elements of the Obligations Foundation of Legal Knowledge under the Joint Statement, required by the SRA and BSB for a QLD. It also covers the SRA Statement of Legal Knowledge for "9. Contract Law".

Learning and Teaching Information:

The module will be delivered through seminars that combine aspects of lectures, workshops, group tutorials, directed learning and formative feedback. These seminars will introduce students to the knowledge areas, providing an overview of the topic to develop student understanding. The tutorials will provide students with the opportunity to practise and develop their intellectual/cognitive/'thinking' skills, and employability skills, through preparation for sessions, activities in-session and course work.

The learning and teaching in this module will include:

Semester 1: specific consideration of, and formative feedback on, research (locating, selecting and presenting basic information, and evaluating critical sources) and essay writing techniques (basic formats, and specific guidance),

and

Semester 2: the same detailed level of guidance, preparation and support for exams and revision techniques.

Seminars
Hours: 40
Intended Group Size: Cohort

Guided independent study
Hours: 160

Further details relating to assessment

Essay: this will test general understanding of basic principles illustrated through their application to specific cases. The essay should demonstrate effective referencing and basic research techniques (identifying, selecting and presenting basic information and evaluating critical commentary).

Exam: this will take the form of 3 short commentaries selected from a range of cases, divided by category and with a requirement to cover topics from each of the 3 different categories.

In this module, formative assessment will be used to support the skills that contribute to the assessment. Formal assessment will apply to short focused activities, which may include: note taking; case study notes; short quizzes, or specific research tasks. Additional formative assessment will be provided for the exam, where sample questions will be considered.

Assessment:

001 Essay; 2,000 words; end of semester 1 50%
002 Exam; 2 hours 30 minutes; end of semester 2 50%

Fact File

Module Coordinator - Teresa Aksamit
Level - 4
Credit Value - 20
Pre-Requisites - NONE
Semester(s) Offered - 4YL

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