Indicative Content
The module will provide students with a knowledge and understanding of the core principles relating to the formation, performance and discharge of contracts and an appreciation of the commercial implications of such principles.
Students will explore these principles through the following topics:
Intention in domestic and commercial agreements
Offer and acceptance
Consideration
Contractual terms, exclusion clauses and unfair terms
Misrepresentation and duress
Contracts in restraint of trade
Discharge of contract by breach and frustration
The effects of frustration and remedies for breach
The influence of technology on commercial activity
Learning Strategies
The learning strategy for this module is based around students committing a total of 300 hours of activities towards achieving the learning outcomes. These will be split between 72 hours of direct contact with a tutor and 228 hours of directed, guided and self-study, together with preparation for and completion of the assessment tasks.
Contact will include a mixture of small and larger group activities, much of it based on the principles of practice and problem based learning. Learning will be organised into a series of sessions where students will be required to participate. Each session will be based around a problem or issue, and students will work towards a range of solutions by specifying objectives, identifying constraints, obtaining background information, applying related theory and knowledge based around the subject matter.
Large group sessions seek to establish an overview framework within which selected theories and rules of the subject matter can be more effectively developed. They will verify and consolidate knowledge and understanding and will engage in more detailed exposition of selected theories, rules and constraints.
The guided learning will incorporate a mixture of activities, some of which will require group work and electronic interaction. The learning will be facilitated by use of the VLE platform and discussions/interactions between students and tutors.
Students will be expected to be familiar with contemporary discussions in this area of law, and to bring a range of ideas to bear on the discussions. Thus, although there will be a framework of knowledge and understanding, students will be actively, rather than passively, engaged in the process of both learning about, and increasing understanding of, the subject matter.
The module will use a blend of teaching methods to enable different styles of learning to be facilitated. The differing methods will also be a platform for the development of essential skills such as intellectual skills, communication skills and problem solving, as well as research, teamwork, negotiation, presentation, referencing, argument, judgement and appropriate use of IT.
Large Group Sessions
In this module the basic principles of contract law will be outlined in a series of whole group sessions.
Smaller Group Activities
The large group sessions will be supplemented by smaller group sessions to examine particular aspects of the law of contract by means of group problem solving activities. A variety of teaching and learning methods will be used to encourage and develop both individual and collaborative learning. Students will be encouraged to present argument and carry out research using electronic resources.
DIRECTED STUDY AND INDEPENDENT LEARNING:
This will consist of preparation for the work to be undertaken in the workshops and also assessment. Students will be provided with guidance in their module study guide, lecture materials and via Blackboard. A significant amount of on-line guided support will be provided via Blackboard and this will include further reading, research exercises, and on-line collaboration to support workshop preparation. The independent learning activities encourage students to develop a critical understanding of the principles of contract and provide practice in preparation for assessments.
Assessment Details
Working towards the assessment tasks will be a key element of the learning, and tutors will be available to guide students through the process, and to improve their ability to meet the learning outcomes to a high standard. It is expected that around 50 hours of the module will be devoted to the assessment tasks - much of it during the self-directed periods.
Assessment will be an integral part of the module. There will be two assessment points and tutorials focused on assessment activities will be scheduled into the timetable. Earlier tasks will be shorter and more succinct, enabling fast feedback from the tutors so that students can learn and improve for later assessment tasks. At least one task will be of the “active” variety – such as a verbal presentation, group activity or similar. Formative feedback will be provided wherever possible.
Formative Assessment
Semester 1:
Research Exercise Workshop 1: Learning Outcomes 4,5
Practice Case study with questions assessing formation of contract:
Learning Outcomes: 1, 2 and 3
MCQs on semester 1 topics: Outcomes 1 and 5
Semester 2:
Practice Exam: Learning Outcomes 1, 2 and 3
MCQs on semester 2 topics Learning Outcomes 1 and 5
Summative Assessments:
January: Pre-seen case study with questions under exam conditions covering Semester 1 topics. Workplans allowed. Learning Outcomes: 1, 2, 3 ,4 and 5 Weighted at 50%
FINAL Summative assessment
May: Unseen Examination on Semester 2 topics: Workplans allowed. Learning Outcomes 1, 2, 3. Weighted at 50%
PLEASE NOTE ALTERNATIVE ASSESSMENTS FOR Semester 1 2020/21 DUE TO COVID-19 AS FOLLOWS: Coursework - 2500 word Assignment for remote submission - 50% Written Exam - 2 hr Unseen Written Exam
Resources
Access to appropriate texts, legislation and case law including electronic access
Module study guide. Lecture Outlines.
Texts
Poole J, Casebook on Contract, (12th Edition, OUP, 2014)
Richards, P. Law of Contract, (12th Edition, Pearson Longman, 2015)
Taylor, R., & Taylor, D. Contract Law Directions (5th Edition, OUP, 2015)
Learning Outcomes
1. Demonstrate a knowledge and understanding of the main principles of contract law.
Knowledge and Understanding
2. Demonstrate an ability to communicate such knowledge and understanding in writing.
Communication
Knowledge and Understanding
3. Demonstrate an ability to analyse problem situations and apply law to provide appropriate solutions.
Analysis
Application
Problem solving
4. Demonstrate an ability to conduct research
Enquiry
5. Demonstrate an ability to self-reflect on learning and understanding of legal source material and monitor performance in module.
Enquiry
Reflection
Web Descriptor
Have you ever bought a phone? Bought a car? Ticked a box accepting the terms and conditions? We have all entered into contracts in our life but few of us know or understand the legal implications. Does ticking that box bind you legally to those terms that you didn’t read? Well in this module not only are you taught the principles of contract law you are also taught how to apply them to everyday life.