CONTRACT LAW II - 2018/9

Module code: LAW2076

Module Overview

The course will consider and critically examine the effects of a breach of contract and the factors which vitiate the validity and enforceability of contracts.  The ethical values, philosophical principles and practical implications relating to enforceability of contracts will be explored.  The increasing importance of European law will be shown and comparisons made with contract law in other jurisdictions.  The students will also have the opportunity to explore the difficulties of harmonisation in this area.

Module provider

School of Law

Module Leader

STARZA-ALLEN AT Mr (Schl of Law)

Number of Credits: 15

ECTS Credits: 7.5

Framework: FHEQ Level 5

JACs code: M222

Module cap (Maximum number of students): N/A

Module Availability

Semester 2

Prerequisites / Co-requisites

Contract law I

Module content


Termination by breach
Remedies for breach of contract at common law and Equity
Remoteness of damage
Measure of damage (performance and reliance)
The doctrine of frustration and restitution upon frustration of contract
Physical and economic duress
Undue influence
The nature and types of misrepresentation
Remedies for misrepresentation (including damages and rescission)
Mistake
Non est Factum
Capacity
Illegal contracts and restraint of trade
Privity

Assessment pattern

Assessment type Unit of assessment Weighting
Coursework 3000 WORD COURSEWORK 100

Alternative Assessment

N/A

Assessment Strategy

The assessment strategy is designed to provide students with the opportunity to demonstrate ability to identify key issues and principles in depth, critically assess these issues and apply the relevant law.

The assessment addresses all learning outcomes listed above.

Summative

This module, taken together with Law of Contract I, forms one of the core modules for the purposes of the Qualifying Law Degree.  This module will be assessed by a 3000 word coursework.

Formative

1500 word coursework, to be returned with comments. General feedback in a revision lecture at the end of the semester.

Module aims

  • The module aims to provide students with a good level of understanding of enforcement aspects of the English law of contract in context as well as an appreciation of the philosophical and ethical concepts which have influenced the development of this area of the law.
  • Students will be able to develop critical understandings of the following questions: What is a legally enforceable agreement? (drawing on learning from Contract I)How are contracts enforced and terminated?What constitutes a breach of contract? What remedies are available for breach of contract?When may parties be excused from performance of a contract?What sort of terms and/or agreements cannot be enforced?What remedies are available to those who wish to avoid a contract?

Learning outcomes

Attributes Developed
1 Explain and analyse critically the factors which may render a contract void or voidable, the factors which lead to the termination of a contract and the practical consequences and remedies which may then arise KC
2 Demonstrate a critical understanding remoteness and measure of damages in relation to breach of contract KC
3 Explain and analyse the common law provisions and remedies distinguishing them from those arising under Equity KC
4 Evaluate critically the fundamental principles of contract law CT
5 Undertake directed legal research to locate relevant materials CPT
6 Critically apply knowledge of the primary and secondary legal authorities to solve novel problems KCPT

Attributes Developed

C - Cognitive/analytical

K - Subject knowledge

T - Transferable skills

P - Professional/Practical skills

Overall student workload

Independent Study Hours: 119

Lecture Hours: 15

Tutorial Hours: 16

Methods of Teaching / Learning

The learning and teaching strategy follows an enquiry-based learning approach.

Lectures will introduce the topics, give a general overview of the principles of each topic, give guidance on how to analyse the law and research those topics and in some instances give specific examples of the law and its effect. 

The lectures will not give a full description of, or appreciation of, the law. In order to learn in greater depth and breadth, such as to satisfy the learning outcomes, students will answer questions of some complexity in the 2-hour seminars, either resolving legal problems or performing a critical analysis of the law. Typically the seminar groups will each contain 16 students, who will work in small groups to research the law and present answers, demonstrating self-direction and originality, of both approach and resolution. Students should be prepared to field questions during their presentations, either from their tutor or from fellow students, and to follow up the presentations with group discussion and feedback. Presentations may be required in any form, including advocacy for a specific party in a problem question or argument for or against a specific proposition.

The learning and teaching methods would typically comprise:


12 x 1 hour substantive subject-specific lectures
1 hour feedback session on the formative assessment
2 x 1 hour revision lectures
8 x 2 hour seminars, as described above

Indicated Lecture Hours (which may also include seminars, tutorials, workshops and other contact time) are approximate and may include in-class tests where one or more of these are an assessment on the module. In-class tests are scheduled/organised separately to taught content and will be published on to student personal timetables, where they apply to taken modules, as soon as they are finalised by central administration. This will usually be after the initial publication of the teaching timetable for the relevant semester.

Reading list

Reading list for CONTRACT LAW II : http://aspire.surrey.ac.uk/modules/law2076

Programmes this module appears in

Programme Semester Classification Qualifying conditions
Law (JD Pathway) LLB (Hons) 2 Compulsory A weighted aggregate mark of 40% is required to pass the module

Please note that the information detailed within this record is accurate at the time of publishing and may be subject to change. This record contains information for the most up to date version of the programme / module for the 2018/9 academic year.