LL4002 - Contract Law (2017/18)
|Module specification||Module approved to run in 2017/18|
|Module title||Contract Law|
|Module level||Certificate (04)|
|Credit rating for module||30|
|School||Guildhall School of Business and Law|
|Total study hours||300|
|Running in 2017/18||
Contract Law is a thirty week module providing students with a thorough understanding of contract law. As well as studying the traditional principles of offer, acceptance, consideration and third party rights, students will also consider other such practical topics as remedies, misrepresentation, frustration, restitution and exclusion clauses in contract. The subject is essential for all business, commercial and consumer interests. Assessment is via a combination of coursework and seminar participation. The module is relevant and very important for a range of careers in law, commerce and industry.
Prior learning requirements
The principal graduate attributes focused on in the module are self awareness and performance in a variety of idioms
The module aims to provide a firm understanding of:
- the creation and variation of contractual obligations;
- rights and obligations of third parties to a contract;
- contractual terms;
- remedies for breach of contract;
- application and problem-solving;
- primary sources of the law of contract;
- research skills; and to develop oral and written communication skills
- Distinction between public and private law; distinction between criminal and civil law; comparison between contractual, tortious and restitutionary obligations; distinction between unilateral and bilateral contracts.
- Formation of agreements – offer, acceptance, consideration and termination of offer; certainty of terms.
- Intention to create legal relations – domestic agreements; commercial agreements.
- Privity of Contract – attempts to confer benefits and impose liabilities upon strangers; statutory exceptions; common law exceptions; equitable exceptions; Contracts (Rights of Third Parties) Act 1999
- Capacity – Minors’ contracts
- Terms – express, implied; conditions, warranties and innominate terms.
- Exemption clauses; Frustration; Mistake; Misrepresentation;
- Remedies for breach of contract.
Learning and teaching
Students will also have the opportunity of accessing basic lecture materials from a website and will be encouraged to make use of electronic sources as well as traditional legal materials. The teaching/learning method is designed to achieve the knowledge, skills and attribute objectives of the module. Students are introduced to the concepts and legal principles of the subject in lectures and are expected to achieve a detailed knowledge of the subject through directed study. The preparation (including engaging in interactive computer tutorials) for, and participation in, tutorials will assist students to develop research skills; reading, understanding and using primary sources; application and legal problem-solving; and to develop oral and written communication skills.
On successful completion of this module students should have a critical and practical understanding of the topic and will be able to:
- recognise contractual issues in domestic transactions;
- understand and advise on the creation and variation of contractual obligations;
- analyse the rights and obligations of third parties to a contract;
- identify the relevant legal rules on contractual terms;
- offer advice on remedies and damages for breach of contract;
- engage in application and problem-solving techniques;
- read, understand and use primary sources;
- undertake independent legal research; and
- be able to explain orally and in writing the concepts and principles relevant to the module.
Benchmark Skills Outcomes
- Application and problem-solving
- Sources and research
- Oral and written communication skills
- Information Technology
The method is by 20% seminar participation and 80% coursework assessment. The seminar participation marks are allocated for the preparation, attendance at and contribution to seminars. The purpose of the seminar assessment is to encourage active participation and engagement with the topic. The remaining 80% consists of a problem-based coursework. The coursework will assess the students’ problem solving abilities, their knowledge of the law and their writing skills, as well as their ability to research an area of law and use authentic legal sources.
Seminar participation (20%): Seminars are compulsory and count for 20% of the overall mark. Seminar participation marks will be divided into a maximum of 10% each for the Autumn and Spring term. Throughout the 30 week course students must attend all lectures and seminars. The purpose of the first 3 weeks is to familiarize students with the seminar format and how it will operate, and to introduce students to the legal principles and knowledge relating to the subject. No formal marks will be awarded at this initial stage.
Seminar participation assessment will commence from the fourth week of the Autumn term and continue for a further six weeks. The same process will be carried through to the Spring term. Students will need a clear idea of the standards they are aiming at and the criteria by which their work will be judged. Accordingly, details of the marking criteria may be found on Blackboard, under the heading of ‘Seminar Participation’.
Coursework Assessment (80%): The maximum work limit for the coursework will be 2500 words. The coursework will consist of a problem-based question. Details of the marking criteria for this particular work are set out on Blackboard, under the heading of ‘Course Assessment’.
• Koffman & MacDonald, The Law of Contract OUP
• Taylor & Taylor, Contract Law Directions, OUP
• Poole, Textbook on Contract Law, OUP
• Richards, Law of Contract, Pearson
Recommended for reading in the library or as alternative titles:
• Cheshire, Fifoot and Furmston, Law of Contract, Butterworths
• McKendrick, Contract Law Text, Cases & Materials, Oxford University Press
• Poole: Casebook on Contract Law, Oxford University Press
• Treitel, Law of Contract, Sweet & Maxwell
• Routledge-Cavendish Statute book on Contract Law
Finally, all the module lectures are available on Blackboard.
Westlaw training tutorial
Produced by Westlaw and available via the main Search screen on the opening page of the Westlaw database – it is very clear and comprehensive: http://catalogue.londonmet.ac.uk/record=b1251270
It can be supplemented by the brief Word guides “How to find...cases, legislation, http://www.londonmet.ac.uk/services/sas/library-services/subject-help/subjects/law/research.cfm#cases
Searching Lexis Library (formerly Lexis Nexis Butterworths)
Produced by Lexis and available via “Help” on the main Search screen – very clear and comprehensive http://catalogue.londonmet.ac.uk/record=b1497269
As above, can be supplemented by the brief Word guides “How to find...cases, legislation etc: http://www.londonmet.ac.uk/services/sas/library-services/subject-help/subjects/law/research.cfm#cases