module aims, assessment and support

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MODULE SPECIFICATION TEMPLATE
MODULE DETAILS
Module title
Module code
Credit value
Level
Mark the box to the right of the
appropriate level with an ‘X’
Contract Law
LW265
20
Level 4
Level 5 X Level 6
Level 0 (for modules at foundation level)
Level 7
Level 8
Entry criteria for registration on this module
Pre-requisites
LW189 Law in Action
Specify in terms of module codes or
equivalent
Co-requisite modules
Specify in terms of module codes or
equivalent
Module delivery
Mode of delivery
Taught
Other
X
Distance
Placement
Pattern of delivery
Weekly
X
Block
Other
Online
When module is delivered
Semester 1
Semester 2
Throughout year
X
Other
Brief description of module This module covers the formation, content, viability and discharge of
content and/ or aims
contracts and remedies available for breach of contract. It explores the
Overview (max 80 words)
concepts and legal principles in a political, social and economic
context. The module develops an understanding of the interrelationship of
statutory and European Union sources of law with the Common Law.
Module team/ author/
Jeanette Ashton
coordinator(s)
School
Brighton Business School
Site/ campus where
Moulsecoomb
delivered
Course(s) for which module is appropriate and status on that course
Course
LLB (Hons) Law with Business
LLB (Hons) Law with Criminology
Status (mandatory/ compulsory/
optional)
Mandatory
Mandatory
MODULE AIMS, ASSESSMENT AND SUPPORT
Aims
This module explores the main principles of the Law of Contract and its
role in relation to the individual and organisations. It considers the
origins of consensual legal obligations and how this relates to other
areas of civil liability. The module develops an awareness of the social,
economic and political context in which the law operates and the
Module descriptor template: updated Aug 2012
broader perspective of public policy and law reform. It considers
statutory intervention in the common law development of the Law of
Contract, as well as the impact of European Union law. The module
encourages analysis of factual problems and their solution including
discussion of appropriate legal remedies. Also to develop expertise in
legal research skills, to identify principal controversial issues in the law
and develop the ability to communicate the issues identified
successfully in both written and oral form.
Learning outcomes
On completion of this module students should be able to:
Subject specific:
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Explain and evaluate the principles of formation, content,
viability and discharge of contract and the remedies which may
be available.
Appreciate the social, political and economic context in which
the law operates.
State the essential differences and similarities between
consensual and broader obligations in the area of civil liability.
Interrelate and integrate statutory and European Union law
sources with the Common Law sources of Contract.
Articulate the key concepts underpinning the development of
the Law of Contract.
Cognitive:
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Content
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Locate, extract and analyse information from a range of
standard paper and electronic sources, including the
acknowledgement and referencing of sources.
Apply knowledge to complex situations, formulating legal
arguments with clarity and write fluently, using legal
terminology correctly. Develop expertise in the oral
presentation of legal argument.
Make reasoned judgements based on an informed
understanding of the arguments.
Demonstrate a capacity for critical evaluation, evidenced with
the ability to recognise potential alternative conclusions for
particular situations, and provide supporting reasons for them.
Engage in academic debate in a professional manner.
Act independently in planning and managing tasks and reflect
critically on their own learning.
Introduction to the Law of Contract
Agreement – Offer (as contrasted to an invitation to treat),
acceptance and termination of an offer.
Consideration – Executory and executed consideration, past
consideration, adequacy of consideration and
sufficiency. Promissory estoppel.
Intention to create legal relations/Certainty – Domestic/social
settings as contrasted with commercial situations. Certainty of
contractual terms.
Terms of a Contract – Express and implied terms; categorising
terms; exemption clauses and statutory regulation/EU law.
Vitiating Factors – Common, mutual and unilateral mistake (and
the remedies which may be appropriate). Misrepresentation –
fraudulent, negligent and innocent misrepresentation and remedies
involved. Duress; economic duress and undue influence.
Third party rights/Privity of Contract – The essence of privity;
exceptions and qualifications to the doctrine. The Contracts
Module descriptor template: updated Aug 2012
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Learning support
(Rights of Third Parties) Act 1999.
Discharge of a Contract – Performance; agreement; breach
(including anticipatory breach); the doctrine of frustration.
Remedies for Breach of Contract – damages (including methods
of measurement, remoteness of damage and mitigation of loss, as
well as causation and penalty clauses); specific performance;
injunctions.
Indicative Reading:
Primary Source Material:
Law Reports, Statutes, Statutory Instruments
Books:
The latest editions of:
Elliott C., & Quinn F., Contract Law . Harlow: Pearson Education
Limited. Furmston, M., Cheshire, Fifoot and Furmston’s Law of
Contract. Oxford: OUP.
Koffman L. & Macdonald E., The Law of Contract. Oxford: OUP.
McKendrick, E., Contract Law, Text, Cases and Materials. Oxford:
OUP.
McKendrick, E., Contract Law. London: Palgrave Macmillan.
Peel, E., Treitel on The Law of Contract. London: Thomson/Sweet and
Maxwell.
Poole J., Textbook on Contract Law. Oxford: OUP.
Poole J., Casebook on Contract. Oxford: OUP.
Stone R., The Modern Law of Contract. London: Routledge.
Periodicals and Journals
Law Quarterly Review
Modern Law Review
New Law Journal
Electronic Resources
Lawtel
Westlaw
Lexis Library
HeinOnline
Teaching and learning activities
Details of teaching and
learning activities
Students will have a one-hour lecture, supported by a face to face or
on-line seminar each week. The lectures will introduce the students to
key legal principles, issues and case authority. Seminars will include
preparing the answers to problem-solving questions, research into a
particular topic to enable critical evaluation of argument, on-line
activities and presentations. Formative assessment activities will be
Module descriptor template: updated Aug 2012
set on-line.
Allocation of study hours (indicative)
Where 10 credits = 100 learning hours
Study hours
SCHEDULED
This is an indication of the number of hours students
can expect to spend in scheduled teaching activities
including lectures, seminars, tutorials, project
supervision, demonstrations, practical classes and
workshops, supervised time in workshops/ studios,
fieldwork, external visits, and work-based learning.
40
GUIDED INDEPENDENT
STUDY
All students are expected to undertake guided
independent study which includes wider reading/
practice, follow-up work, the completion of assessment
tasks, and revisions.
160
PLACEMENT
The placement is a specific type of learning away from
the University that is not work-based learning or a year
abroad.
TOTAL STUDY HOURS
200
Assessment tasks
Details of assessment for
this module
Coursework (30%): a piece of individual written work (1,500 words).
Examination (70%): a three-hour unseen examination.
In addition there will be formative assessment throughout the module.
This part of assessment does not form part of the module mark.
Types of assessment task1
Indicative list of summative assessment tasks which lead to the award of credit or
which are required for progression.
% weighting
(or indicate if
component is
pass/fail)
WRITTEN
Written exam
70
COURSEWORK
Written assignment/ essay, report, dissertation,
portfolio, project output, set exercise
30
PRACTICAL
Oral assessment and presentation, practical skills
assessment, set exercise
1 Set exercises, which assess the application of knowledge or analytical, problem-solving or evaluative skills, are included
under the type of assessment most appropriate to the particular task.
Module descriptor template: updated Aug 2012
EXAMINATION INFORMATION
Area examination board
Law
Refer to Faculty Office for guidance in completing the following sections
External examiners
Name
Position and institution
Vera Bermingham
Refer to Studentcentral
Date appointed
Date tenure
ends
QUALITY ASSURANCE
Date of first approval
Only complete where this is
not the first version
1995
Date of last revision
Only complete where this is
not the first version
May 2012
Date of approval for this
version
May 2012
Version number
5
Modules replaced
Specify codes of modules for
which this is a replacement
Available as free-standing module?
Module descriptor template: updated Aug 2012
Yes
No
X
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