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

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.

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.

In the module, students will examine the phenomenon of contract, which is the cornerstone of business and commercial life. Students will engage with the different elements of contracts, and also develop an understanding of what happens when contracts ‘go wrong’, Students will also have an opportunity to consider to what extent courts are willing to protect the individual freedom of parties to negotiate and contract with each other, and the subsequent policy and commercial implications. Each week, students will discuss a new subject and will examine client-based problem scenarios.

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 197 hours of guided distance learning and 3 hours of direct contact, together with preparation for and completion of the assessment tasks.

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 as they learn and identify the gaps in their own knowledge.

Self-directed learning activities will be available via the VLE platform and use of collaborative technological forums will enable discussions between students, their peers and tutors.

The majority of learning materials will be presented online asynchronously organised as a series of weekly topics. Students will be encouraged to follow the weekly schedule where this is possible. Three synchronous online webinars will be held to provide opportunities for live interaction between students and lecturer, to cover an introduction to the module and learning expectations, an assessment guidance session, and a consolidation session prior to the assessment date. These sessions will be recorded for the benefit of students who are unable to attend at the scheduled time. Self-directed learning activities will be available via the VLE platform and use of collaborative technological forums will enable discussions between students, their peers and tutors.



The online learning materials will be organised as a range of short activities for each topic. Instant feedback will be provided where appropriate on computer-aided tests of knowledge. Summaries and explanations of applied tasks will be available, allowing students to assess their progress against suggested answers, with valuable pointers on how students can approach the particular scenario. Working towards the assessment is a key element of the learning, and tutors will guide students through this process. . 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.

McKendrick, E. 2019. Contract Law. (13th Edn, Palgrave Macmillan)

McKendrick, E. 2020 Contract Law: Texts, Cases and Materials (Oxford University Press) (available via Law trove)

Journals via LexisLibrary and Westlaw.

OUP Law Trove