LA249-15 Contemporary Challenges in Contract Law

Introductory description

This module builds on your study of LA247 Contract Law (core module). It focuses on contemporary challenges in Contract Law. Topics might include recent events which raise particular challenges for Contract Law (e.g., significant disruption to contracts caused by an event of global proportions), a focus on particular contract types (subscription contracts, music industry contracts) or contract terms (MAC clauses, unilateral variation clauses), as well as key themes such as globalisation, digitalisation, sustainable development, the treatment of weaker contract parties and so on. These topics will be discussed from a contextual perspective (theoretical, socio-legal, feminist, law-and-technology, law and economics etc). The syllabus around this module will reflect the teaching and research interests of staff teaching the module in any particular year.

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.

Particular topics will vary each year depending 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:

• demonstrate knowledge and understanding of a range of contemporary challenges for contract law
• understand how the political, economic, societal, or technological context challenges the law of contract in a variety of ways
• demonstrate an extended knowledge and understanding of key primary sources in selected areas of Contract Law
• have an enhanced ability to analyse the law in its context on the basis of relevant primary and secondary sources

Indicative reading list

To be determined. The module will not rely on a single textbook, although students can continue to refer to the textbook(s) set as essential reading for LA247 Contract Law.

Resources are likely to include a variety of secondary sources, such as individual book chapters, journal articles, judgments, policy papers and so on.

Research element

Students will be expected to research their assessment independently.

Interdisciplinary

The module will be taught in Warwick's Law-in-context tradition and will draw on a variety of disciplinary perspectives on legal phenomena.

International

Elements of the module may have a comparative dimension, considering how particular challenges are tackled in several legal systems, or in international instruments.

Subject specific skills

Legal writing
Case analysis
contract analysis

Transferable skills

Critical analysis
Presentation of work in written and oral form
Collaborative working
Independent research