Introductory description

This is an elective module available for WBS and non-WBS students. To find detailed availability and to apply for this module, log in to my.wbs.ac.uk using your normal IT login details and apply via the my.wbs module application system. Once you’ve secured a place on my.wbs you should apply via your home department’s usual process, which usually takes place via eVision. Note that you do not require the module leader’s permission to study a WBS module, so please do not contact them to request it.

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.

The module includes the following:
Contract Law

• The use and control of exclusion clauses.
• The need for consensus ad idem in contract formation and the affect of mistake, misrepresentation, duress and undue influence.
• The various methods of discharging a contract.
  Contractual remedies, including damages, specific performance and injunctions.
  Tort Law
• The rules required to prove the tort of negligence – duty of care, breach and damages.
• Contributory negligence and volenti non fit injuria.
• The importance of vicarious liability.
• The rules on economic loss and financial loss due to negligent mis-statements.
• Liability for professional negligence – accountants, solicitors, surveyors

Learning outcomes

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

• Understand and critically evaluate the principles and theories underlying the law of contract.
• Understand and critically evaluate the theories and principles underlying the law of tort. -
• To gain experience in preparing and presenting legal arguments.
• To develop an ability to evaluate and criticise legal principles.
• Understand and demonstrate coherent and detailed subject knowledge of the legal framework within which business operate.
• Appreciate the importance of making ethical and sustainable decisions
• Analyse texts and oral presentations
• Communicate complex ideas effectively.
• Test and refine hypotheses.

Indicative reading list

Landes, William M., and Richard A. Posner. "The positive economic theory of tort law." Ga. L. Rev. 15 (1980): 851. Farnsworth,
E. Allan. "On trying to keep one's promises: the duty of best efforts in contract law." U. Pitt. L. Rev. 46 (1984): 1. Talbot, Lorraine.
Critical company law. Routledge, 2015. Chitty, Joseph. Chitty on contracts: General principles. Vol. 1. Sweet & Maxwell, 2012.
Lucy Jones, Business law, 2019, Oxford.
Illustrative Reading:
Stephen Judge, Law for Business Students, 2006, Palgrave.
Smith & Keenan English Law , 2002, Pitman Publishing.
George Applebey Contract Law , 2003, Sweet & Maxwell.
David Kelly & Ann Holmes Principles of Business Law , 2001, Cavendish Publishing Limited.
Chris Turner & Sue Hodge Unlocking Torts, 2004, Hodder & Stoughton

Subject specific skills

Analyse legal problems.
Conduct research using official sources of legislation and case law.
Prepare and present legal arguments for both sides of a legal dispute.
Evaluate and criticise current law and reform proposals

Transferable skills

Conduct independent research of set issues using library and electronic sources.
Present reasoned arguments orally and on paper.
Work in teams to prepare and present case-studies.
Support arguments by reference to appropriate sources.