module specification

The Law of Contract II is a core module for the LL.B. courses and the B.A. Law, which builds on the knowledge and skills acquired in the study of the LL4050, the Law of Contract I. Students study further key principles of the law of contract, which is one of the foundation subjects of English law, as identified by the professional legal bodies, the Solicitors Regulation Authority and the Bar Standards Board.

The aims of the module are as follows:

1. Students will acquire knowledge of the basic principles of the vitiating factors which might affect the validity and/or enforceability of a contract; and the remedies available for breach of contract.

2. Students will develop several key transferable skills, including independent research, critical analysis and cogent academic writing in the context of contract law, emphasising the use of primary and secondary sources.

3. Students will enhance their employability by the development both of these skills, and by the practice of written communication activities (including summative) and oral communication activities (formative only).

1. Misrepresentation  LO1, LO3 and LO4

• The Definition of Misrepresentation
• The meaning of ‘a statement of fact’
• Unambiguous statements
• Mere puffs
• Informed and uninformed opinions
• Statements of intention
• Statements of law
• The meaning of inducement
• Duty to check information
• Common law remedies
• Statutory remedies

2. Frustration  LO1, LO3 and LO4

• Criteria for frustration
• Distinction between law and fact
• Legal effect of frustration
• Destruction of subject matter
• Specific and non-specific goods
• Temporary unavailability
• Incapacity of personnel
• Supervening illegality
• Frustration of purpose
• Impossibility
• Commercial impracticality
• Unforeseen events and force majeure
• Self-inducement
• Leases
• Effect of frustration at common law
• Effect of frustration under statute

4. Mistake  LO1, LO3 and LO4

• The effect of an operative mistake
• Categories of operative mistake
• Common mistake
• Mistake as to quality
• Mutual mistake
• Unilateral mistake
• Mistakes in documents
• Non est factum

5. Contractual Remedies  LO2, LO3 and LO4

Liquidated damages

Unliquidated damages
• Causation
• Remoteness
• Cost of Cure
• Difference in value
• Reliance loss
• Speculative damages
• Restitutionary damages
• Non-financial loss
• Mitigation of loss

Equitable remedies

Learning and Teaching Strategy

Weekly two-hour lecture and one-hour seminar. 

The lecture will be used for:

• Dissemination of knowledge through an overview of each topic with detailed guidance on appropriate aspects;
• An introduction to relevant academic literature;
• Guidance on learning strategies;
• Use of WebLearn and IT resources;
• Whole group questions and discussion.

The seminar will be used for the development of skills necessary to attain the module learning outcomes through:

• Written and oral questions/answers designed to reinforce fundamental rules, principles and cases;
• A range of step-by-step analytical exercises;
• Problem solving;
• IT tasks, such as research of cases and statutes;
• Legal writing.

Blended Learning

All learning materials, previous examination questions and sample Q/A’s will be on WebLearn for use in directed private study.

Student engagement will be encouraged in both lectures and seminars through weekly use of WebLearn for access to all of the above materials.

There will be required use of the professional legal databases, especially Westlaw and Lexis Library, for legal research.

Opportunities for reflective learning/pdp

Each weekly seminar will contain space for students to reflect on what they have learnt in relation to the overall syllabus. There will be frequent feedback opportunities structured into the timetable and a range of sample answers posted onto WebLearn.

Students’ Study Responsibilities

The need for attendance, punctuality, preparation and engagement will be emphasised with particular reference to written and IT research, problem-solving, team-work, discussion, debate and critical awareness of the subject.

On successful completion of this module, the students will be able to:

1. Demonstrate a knowledge and understanding of the vitiating factors which might affect the validity and/or enforceability of a contract.

2. Demonstrate a knowledge and understanding of the remedies available for breach of contract.

3. Demonstrate the ability critically to discuss case study problems relating to the law of contract.

4. Demonstrate the ability to write critical, discursive essays relating to the topics covered in the syllabus.

Written coursework (2,000 words maximum)

This will assess the ability cogently to discuss and critically analyse legal case studies and/or contemporary legal issues within the context of the law of contract.

The link to the Talis reading list will be provided when the module is due to start running.