Undergraduate Module Descriptor

LAW2004B: Contract Law

This module descriptor refers to the 2021/2 academic year.

Module Aims

This module examines the English law of contract and its theoretical doctrines and practical applications, drawing, where relevant, on materials from other jurisdictions. Attention will be paid to formation of contractual relations, the requirements for enforceability of contracts, the rights of third parties, terms and interpretation of contracts, performance and breach of contracts, vitiating factors and remedies. The module examines the law of contract in its social, moral and commercial setting.

The module aims:

(a) to give you an understanding of the different aspects of law of contract;

(b) to encourage you to think practically in this field, and apply the legal rules and principles you have learned to specific situations, and;

Intended Learning Outcomes (ILOs)
This module's assessment will evaluate your achievement of the ILOs listed here – you will see reference to these ILO numbers in the details of the assessment for this module.
On successfully completing the programme you will be able to:
Module-Specific Skills	1. demonstrate a thorough understanding of the main areas of English law of contract and be able to describe and discuss the theoretical and practical contexts in which they operate; 2. demonstrate awareness of some wider social and contextual implications of the areas of contract law;
Discipline-Specific Skills	3. demonstrate knowledge and understanding of a range of legal concepts, values, principles, institutions and procedures, and the ability to explain the relationships among them; 4. demonstrate ability to apply legal knowledge to a problem and to discuss it.
Personal and Key Skills	5. demonstrate effective and accurate communication skills in a manner appropriate to the discipline / different contexts; 6. identify, retrieve and use efficiently a range of resources with some guidance;

Module Content

Syllabus Plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:

Introduction
Formation of Contract (Formal Requirements; Offer and Acceptance)
Consideration and Qualifications to Consideration (Waiver and Equitable Estoppel)
Intention to Create Legal Relations
Certainty and Clarity
Privity of Contract
Terms of Contract
Good faith
Exception Clauses
Performance and Breach
Misrepresentation
Mistake
Unequal Bargaining (Duress; Undue Influence; Unconscionable Bargain)
Frustration
Illegality
Remedies (Debt; Damages- kinds, measurement, contributory negligence, remoteness of damage, mitigation of loss, timing; Penalties; Restitution; Specific Performance; Injunction)

Learning and Teaching

This table provides an overview of how your hours of study for this module are allocated:

Scheduled Learning and Teaching Activities	Guided independent study	Placement / study abroad
55	245	0

...and this table provides a more detailed breakdown of the hours allocated to various study activities:

Category	Hours of study time	Description
Scheduled Learning and Teaching activities	22	22 x 1 hour Lectures
Scheduled Learning and Teaching Activities	33	22 x 1.5 hour seminars
Guided Independent Study	63	Individual reading and lecture preparation
Guided Independent Study	88	Seminar preparation
Guided Independent Study	32	Formative assessment preparation
Guided Independent Study	62	Formative assessment preparation

Online Resources

This module has online resources available via ELE (the Exeter Learning Environment).

How this Module is Assessed

In the tables below, you will see reference to 'ILO's. An ILO is an Intended Learning Outcome - see Aims and Learning Outcomes for details of the ILOs for this module.

Formative Assessment

A formative assessment is designed to give you feedback on your understanding of the module content but it will not count towards your mark for the module.

Form of assessment	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Formative professional opinion. *See summative assessment. A student has two opportunities to submit an opinion. If a student chooses to submit two opinions the one gaining the higher mark will be treated as summative, and the other will be regarded as formative.	48 hour turn-around. 2,500 words.	1-6	Individual indicative mark and individual written feedback, with supplementary oral feedback available. General comments given to the cohort.

Summative Assessment

A summative assessment counts towards your mark for the module. The table below tells you what percentage of your mark will come from which type of assessment.

Coursework	Written exams	Practical exams
100	0	0

...and this table provides further details on the summative assessments for this module.

Form of assessment	% of credit	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Professional Opinion (the higher mark of two opinions) The student will have two opportunities to write a professional opinion for summative assessment (one in the first term and one in the second). A student may choose only to complete one (in which case the mark awarded will be the mark for this 50% part of the assessment) or to complete two (in which case the higher of the two marks will be taken)	50	48 hour turn-around, 2,500 words	1-6	Individual written feedback, with supplementary oral feedback available
Professional Opinion	50	One week turn-around, 2,500 words	1-6	Individual written feedback, with supplementary oral feedback available
	0
	0
	0
	0

Re-assessment

Re-assessment takes place when the summative assessment has not been completed by the original deadline, and the student has been allowed to refer or defer it to a later date (this only happens following certain criteria and is always subject to exam board approval). For obvious reasons, re-assessments cannot be the same as the original assessment and so these alternatives are set. In cases where the form of assessment is the same, the content will nevertheless be different.

Original form of assessment	Form of re-assessment	ILOs re-assessed	Timescale for re-assessment
Professional Opinion (50%)*	Professional Opinion (48 hour turn-around, 2,500 words)	1-6	August/September reassessment period
Professional Opinion (50%)	Professional Opinion (one week turn-around, 2,500 words)	1-6	August/September reassessment period

Re-assessment notes

*If a student achieves less than 40% in one opinion but 40% or more in the other, the higher mark will be taken. If a student achieves less than 40% in both opinions, and is permitted to refer, he or she may submit a third opinion (and will be capped at 40%). If a student defers in respect of one or both opinions, he or she may submit one deferred opinion and the mark awarded for it will be taken.

Indicative Reading List

This reading list is indicative - i.e. it provides an idea of texts that may be useful to you on this module, but it is not considered to be a confirmed or compulsory reading list for this module.

Basic reading (please ensure in each case that you use the current edition):

1. McKendrick, Contract Law (Palgrave Macmillan)

2. Beatson, Burrows and Cartwright, Anson’s Law of Contract (OUP)