Introductory description

This full module aims to introduce you to the fundamental notions of contract law, which is one of the “building blocks” of the common law and which underlies much of commercial and consumer law.

Module web page

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

Term 1:
Fixed topics:

What is distinctive about contract law? (Exploring the nature of contracting, the role of promising and agreeing; the role of objectivity)
How is contract law engaged? (Contract formation (offer/acceptance/intention/consideration), the purpose of contract law, the idea of consent to the application of contract law)
What are the parameters of contract law? (Freedom of contract, self-reliance over co-operation, onus on parties to draft contracts carefully and the role of standard form contracts, consent to terms of contract)
Vitiation of consent (a thematic overview, with particular focus on misrepresentation and undue influence)
Performance, breach and termination (Primary and secondary obligations, availability of termination)
Damages (Purpose, calculation, limitations (remoteness/mitigation))
Variable topics (a selection of these will be covered , dependent on current developments, staff research interests etc):

Variation and estoppel
Other vitiating factors
Frustration
Exclusion & limitation clauses
Anticipatory breach
Privity
Language, interpretation and implication
A range of thematic approaches may be deployed. These might include critical approaches to contract law, feminist approaches, contract theory, law and economics, comparative contract law, or sociolegal approaches.

Term 2:
Particular topics will depend on staff expertise and interests, but might include:

Conflicting Ideologies in contract law;
Distinguishing common law from regulated transactions (consumer, employment)
Contract terms and Contract Law – common contract terms (“boilerplate”), such as force majeure clauses, liquidated damages clauses, MAC clauses, unilateral variation clauses, contractual terms requiring “good faith”, or terms granting discretion etc
Privatising ethics – global value chains, sustainability, corporate social responsibility and ethics clauses
Fairness in contracting
Digital automation of the contract lifecycle
Music industry contracts

Learning outcomes

By the end of the module, students should be able to:

• Understand and explain the general principles of contract law.
• Analyse cases.
• 'Get behind the cases' to work out what the courts appear actually to be doing
• Synthesize the law from a series of cases, analyse the inter-relationship of case-law and statute; analyse a problem and apply the law to the facts
• Demonstrate legal writing skills
• Employ some basic theoretical analysis, in particular some economic analysis
• Understand the social contexts and evaluate the policy behind the law
• Participate effectively in team work
• Carry out basic contract drafting

Indicative reading list

Mckendrick: "English Contract Law: A Rich Past, an Uncertain
Future" [1997] Current Legal Problems 25
Beale & Dugdale: 'Contracts between Businessmen: Planning and the Use of Contract Remedies" (1975) 2(1) British Journal of Law & Society 45

View reading list on Talis Aspire

Subject specific skills

No subject specific skills defined for this module.

Transferable skills

No transferable skills defined for this module.