CONTRACT LAW II - 2021/2

Module Overview

The course will focus on 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 Antony (Schl of Law)

Number of Credits: 15

ECTS Credits: 7.5

Framework: FHEQ Level 4

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, reliance and restitution)


• 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

Alternative Assessment

N/A

Assessment Strategy

Assessment Strategy:

The assessment strategy is designed to provide students with the opportunity to demonstrate ability to identify issues and the relevant law, analyse and apply the 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 one 2500-word coursework worth 80% of the module mark and one 1-hour MCQ assessment worth 20% of the module mark. 

Formative

A sample formative assessment question, 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 an 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 address such questions as: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

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:

• 11 x 1 hour substantive subject-specific lectures


• 1 hour feedback session on the formative assessment


• 2 x 1 hour revision lectures


• 6 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

https://readinglists.surrey.ac.uk
Upon accessing the reading list, please search for the module using the module code: LAW1028

Programmes this module appears in

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 2021/2 academic year.