This module will provide students with the knowledge and understanding of the core principles of contracts and their formation, performance and discharge. Students will also develop an appreciation of the commercial implications of such principles.

Students will also be introduced to a number of critical approaches to contract, particularly discussing the impact contract has on more marginalised communities in society, for example the inequalities between bargaining power of parties. The students will also explore the impact contract has on BAME communities, particularly through examination of historic shipping cases, where the ‘property’ or ‘lost cargo’ has been persons (for example Gregson v Gilbert [1783] and Harris v Watson [1791]). In addition, the context of certain cases and their human impact will be explored rather than presented unquestioningly, for example the case of Harvey v Facey [1893] which involved the sale of a former slave plantation.

Students will cover the following areas:

Existence and formation of a contract, including the core principles of offer, acceptance and consideration.
Contractual terms, unfair terms and exclusion clauses
The vitiating factors, including misrepresentation and duress.
Discharge of contract and frustration
Contracts in restraint of trade
Remedies, including damages, equitable remedies and unjust enrichment.

The exam will be based an unseen examination based on problem questions. It will be a demonstration of core communication skills, application of law to a case scenario and the ability to convey arguments and legal advice coherently.

This exam is designed to assess learning outcomes 1-3.

The learning strategy for this module is based around students committing a total of 200 hours of activities towards achieving the learning outcomes. These will be split between 39 hours of direct contact with a tutor and 161 hours of directed, guided and self-study, together with preparation for and completion of the assessment tasks.

This module will include a mixture of small and large group activities, based on the principles of problem-based learning. Large sessions will seek to establish an overview framework within which selected rules can be developed. This will verify and consolidate knowledge and understanding. Smaller sessions will be focused around group discussions and client based problem scenarios, enabling students to reflect on their learning and understand its application in practice. Students will all be encouraged to participate in discussions of the law, its application to real scenarios and critically reflect on its impact on society. They will be encouraged to ask questions and identify the gaps in their own knowledge.

The module will use blended learning to help facilitate student understanding an engagement. Self-directed learning activities will be available via the VLE platform and use of technologies like Padlet will enable discussions 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.

Working towards the assessment is a key element of the learning, and tutors will guide students through this process. Feedback sheets for the small sessions will be available, with valuable pointers on how students can approach the particular scenario. Students will also have an opportunity to complete a formative assessment and gain valuable feedback from the tutors to improve their abilities to meet the learning outcomes of the module. One large session will be dedicated to assessment guidance towards the middle of the semester.

1. Identify and explain the main concepts and principles of Contract Law relating to contract formation, remedies, vitiating factors and discharge.

Knowledge and Understanding

2. Apply principles of Contract Law to analyse and solve problem questions.

Analysis
Application
Problem Solving

3. Communicate written arguments and legal advice effectively and coherently

Communicate

Module Handbook
Green Reflective Booklet
OUP Law Trove

McKendrick, Ewan. Contract Law (13th Edn, Palgrave Macmillan 2019)
McKendrick, Ewan. Contract Law: Texts, Cases and Materials (9th edn, OUP 2020) (available via Law Trove)
Poole, J. Poole’s Textbook on Contract (14th edn, OUP 2019) (available via Law Trove)

Journals via LexisLibrary and Westlaw.