PgDL & MA Law

CONTRACT LAW

Module Guide

Contents

1. Outcomes............................................................................................................. 1
2. Syllabus................................................................................................................2
3. Unit Summaries....................................................................................................3
4. Lecture Summaries.............................................................................................. 5
5. Assessments........................................................................................................ 5
5.1. Formative Assessment...................................................................................5
5.2. Summative Assessment.................................................................................5
5.3. Assessment Criteria.......................................................................................5
6. Critical skills on the syllabus.................................................................................6
7. Bibliography / Recommended Sources................................................................6

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1. Outcomes

On completion of this module students will be expected to:

1. Demonstrate detailed, systematic and comprehensive knowledge, and an in-

depth understanding of, the creation and variation of contracts, contractual terms
(including exemption clauses), remedies, discharge of contracts, and vitiating
factors, and the context that shapes these principles;
2. Critically analyse relevant sources of law and complex real or hypothetical
problems, and evaluate a range of solutions in the light of the legal issues raised,
making critical judgements on the merits of particular arguments, taking account
of relevant legal, financial, commercial and practical considerations;
3. Critically evaluate legal concepts set out in (1) above;

4. Devise and sustain a legal argument, recognising ambiguity and using synthesis,
employing tailored evidence;

5. Apply legal principles in line with the requirements of the SRA/BSB, including the
ability to successfully attempt Single Best Answer Questions as used in
centralised professional qualification assessments;

6. Use intellectual, practical and technological skills and techniques applicable to

legal research, and apply these skills in order to retrieve and evaluate accurate,
current and relevant information from a range of sources;

7. Communicate concepts and principles clearly, in a structured and professional

manner; and

8. Use language proficiently, presenting knowledge or opinions to others, succinctly,

accurately, comprehensively and in a way that is grammatically correct.

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2. Syllabus

In this module students will study the core principles of Contract law arising in a
range of personal, social and commercial contexts. The syllabus covers:

 Formation

This deals with the essential elements of contract formation and variation
including capacity of parties to contract and the circumstances in which an agent
may contract on another’s behalf.

 Contents

This deals with identifying and classifying the express and implied terms of a
contract and advising on the validity of exemption clauses at common law and
under statute.
 Remedies
This covers the main remedy for breach (i.e. damages) together with equitable
and restitutionary remedies, debt actions and the possibility of claiming against a
third party (e.g. under a guarantee).
 Termination

This considers the circumstances in which a contract may be terminated by

breach, performance and at common law due to a supervening event or change
of circumstances which makes performance impossible or totally different.

 Vitiating factors

This deals with situations in which there has been a defect leading up to
formation (e.g. one party has been misled or unduly pressurized into entering a
contract) and as a consequence the contract maybe set aside or otherwise
voided.

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3. Unit Summaries

Uni Subject Area Prepare Tasks Engage Tasks Consolidate

t Tasks
1 Offer and Directed Textbook study. Review of Test Your Knowledge Complete Test
acceptance questions Your Knowledge
View Tutorial ‘Formation of questions
Contracts”. Introduction to offer and
acceptance. View consolidate
Complete Test Your media,
Knowledge questions. Review of suggested structure for “Agreements”.
answering problem questions.
Engage preparation: Review the tutorial
 Apply knowledge acquired Advise on related problems on “Aspects of contract
to advise a client on contract formation. Formation”
formation of a contract
(and in particular on offer Additional textbook
and acceptance) reading

2 Consideration Directed Textbook study. Review answers to the Complete Test

(and contractual preparatory task. Your Knowledge
intention View Tutorials “Formation of questions
agency) Contracts” and “Contract and Analyse the facts of an unseen
agency’” problem, identify the issues and View consolidate
apply the law to present a media, “Agency,
Review video clip - Lord reasoned conclusion. contractual
Denning discussing variations and
promissory estoppel. exam technique”

Engage preparation: Additional textbook

 apply knowledge acquired reading
to a problem involving a
number of different, but
related, issues on contract
formation.
3 Contents of a Directed Textbook study. Advise a client who has Complete Test
contract bought faulty goods. This Your Knowledge
Review tutorial “Exemption entails analyzing extracts questions
clauses” from documents and applying
the law to a complex set of View consolidate
Review the structure for facts. media, “Contents of
answering problems a Contract”
involving exemption Discuss the cases researched in
clauses. preparation for the session. Additional textbook
reading
Research a case on
incorporation of terms and
one relating to the validity
of exemption clauses in
commercial contracts.

Complete Test Your

Knowledge questions.
4 Damages Directed Textbook study. Advise and evaluate arguments Complete Test
that could be raised by parties Your Knowledge
View Tutorials ‘Remedies to a commercial dispute questions
for breach’ and “Aspects involving many different aspects
of damages” of damages View consolidate
media, “Restitution
Review media clips on and restitutionary
termination, restitution damages”.
and remedies which
make the defaulting party Additional textbook
perform. reading

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Uni Subject Area Prepare Tasks Engage Tasks Consolidate

t Tasks

Complete Test Your

Knowledge questions.

Review the video clip on

Ruxley Electronics v Forsyth
5 Performance Directed Textbook study. Read correspondence from a Complete Test
and remedies client relating to a number of Your Knowledge
Complete Test Your issues where the client has questions
Knowledge questions. not been paid in full, or at all,
for work done. View consolidate
Independent research of a media “Doctrine of
case which highlights the Apply the law to the facts in a complete
risks involved in treating a structured way in order to advise performance”.
breach as repudiatory. the client on his legal position
and on practical ways to avoid Additional textbook
similar problems arising in the reading
future.
6 Frustration Directed Textbook study. Complex problem Complete Test
question: explain and Your Knowledge
Review media clips apply the law in a questions
introducing frustration. structured manner;
consider possible outcomes View consolidate
Review suggested structure and remedies; analyse the media, “Frustration
for tackling problems on relevant sections of the Law and contractual
frustration. Reform (Frustrated Contracts) certainty”
Act; and present a reasoned
Complete Test Your conclusion in the form of advice Additional textbook
Knowledge questions. to the client. reading

Explain and critically evaluate a

quotation on the limitations to
frustration.
7 False Directed Textbook study on Complex problem question Complete Test
Preliminary misrepresentation, mistake involving breach of contract Your Knowledge
Statements and and illegality. and misrepresentation and questions
Mistake assessment and evaluation of
Review media clips the remedies including the View consolidate
introducing calculation of damages. media, “False
misrepresentation. preliminary
Consider the extent to which it is statements and
Complete Test Your possible to exclude liability for remedies”.
Knowledge questions. misrepresentation in a
commercial contract. Additional textbook
Review structure for reading
answering questions on
false preliminary
statements; and consider
the different bases on
which damages are
calculated.

8 Duress & Undue Directed Textbook study. Complex problem question Complete Test
Influence on variation of a commercial Your Knowledge
Review introductory media contract involving alleged questions
clips on duress and undue economic duress.
influence. View consolidate
Complex problem question media “Undue
Complete Test Your which involves explaining Influence
Knowledge questions. and applying the law on
undue influence; and Additional textbook
Revise notes on presenting a reasoned reading
consideration in the conclusion in the form of advice

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Uni Subject Area Prepare Tasks Engage Tasks Consolidate

t Tasks
context of performance of to the client.
an existing contractual duty
owed to the other party.
Highlights the systematic
nature of law.

NOTE: The tutorials, video clips and media in the Prepare and Consolidate
sections are intended to supplement the mandatory reading and independent
research. Some topics such as negotiating damages are not covered in depth
in the textbook and so the relevant tutorials and media must be reviewed; but
where topics are adequately covered in the reading review of related media is
optional. Some students gain a deeper understanding by watching and
listening to on-line resources, rather than simply reading about the relevant
legal content.

4. Lecture Summaries

Lecture Summary
1 Introduction to the Module, guidance on how to approach the study
of Contract Law and an overview of the assessment.
Review the mock(practice) assessment and consider the approach to
2 both single best answer multiple choice questions and a problem-based
question. Review the structured approach required.
Review exam advice on single best answer multiple choice questions
3
and practice spotting issues in a multi-issue problem question and
producing a structure for an answer. Consider the approach to critical
evaluation.

5. Assessments

5.1. Formative Assessment

The formative (mock/practice) assessment will be in the week indicated on your Year
Planner and will constitute a one-hour written answer to an unseen question based
on Advance Documentation taken under self-imposed examination conditions.

5.2. Summative Assessment

All conversion module assessments will be comprised of two parts:

40% Single Best Answer Question (‘SBAQ’) - 20 SBAQs Online in 45 minutes. They
may test any topic covered in the module.

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60% 1h 45m open-book examination, online. Students answer 2 questions, one from
each of Parts A and B:

 Part A: one compulsory question. Pre-reading released 24 hours in advance to

allow assessment of Level 7 skills such as critical evaluation, research and/or
analysis.
 Part B: choose one from two alternative questions. One will be a problem and
the other an essay question or part essay and problem.

Level 7 outcomes skills are assessed throughout the assessment. We would expect
greater depth of research and evaluation for Part A.

5.3. Assessment Criteria

The assessment criteria are as set out in the Handbook and on ELITE.

6. Critical skills on the syllabus

Students should expect critical skills to be examined across the syllabus.

In all units, students will develop skills of critical analysis involving complex fact
patterns and in the following units, there will be compulsory independent research:

Unit 3 – Contents of a Contract

Unit 5 – Discharge by performance
Unit 6 – Frustration
Unit 7 – False Preliminary Statements.

Topics covered in the following units are open to reasoned discussion and debate
and therefore provide an opportunity for students to practice and develop critical
evaluation in the context of essay questions:

Unit 2 – Consideration
Unit 4 – Damages
Unit 6 - Frustration
Unit 8 – Duress and undue influence

As well as Engage Tasks involving essays, the textbook contains general guidance
on answering essay questions and has worked examples of essays on aspects of
consideration and frustration.

SBAQs test the breadth of the syllabus – the is a useful document on SBAQs in the
ELITE student handbook areas/assessments/assessment guidance.

7. Bibliography / Recommended Sources

A dedicated library of ebooks accessed by OUP’s LawTrove including the latest

editions of:

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 Contract Law, Elliott and Quinn

 Contract Law, Jill Poole
 Contract Law Manual, University of Law, and Addendum.
 The Law of Contract, O’Sullivan and Hilliard
 The Modern Law of Contract, Richard Stone

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