Run by School of Law
20.000 Credits or 10.000 ECTS Credits
Semester 1 & 2
Organiser: Mr Thomas Perry
Overall aims and purpose
The aim of this module is to enable students to state and apply the rules of the English and Welsh law of contract dealt with in the course accurately and relevantly, and to make assessments of that law and the scholarship pertaining thereto. The module will enable students to understand the nature of contract and concepts underpinning the subject, and how contract differs from other forms of liability and what the rules relating to the granting of remedies are. It will enable students to compare and contrast that law accurately and relevantly with the equivalent areas of any other legal system.
The module will provide the student with the foundations governing the formation and enforceability of contracts (promise, acceptance and agreement), areas of capacity, intention, legality and certainty of terms. The module includes the remedies available to the parties to a contract and the doctrine of privity of contract. The module will also cover an outline of the law of restitution. However, the module will not be confined to these topics.
Threshold: D- to D+ (40-49%) An answer which, while predominantly correct in its presentation of material, contains a significant level of error and is therefore not entirely reliable.
Excellent: A- to A* (70+%) An outstanding, possibly brilliant, answer, containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in a clear, logical, critical argument with little room for improvement. An answer which demonstrates a complete mastery of the subject.
Good: B- to B+ (60-69%) High Standard: A comprehensive answer, containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in an argument which, while clear, logical and critical, leaves room for improvement in its construction and presentation. An answer which shows complete competence in the subject.
C- to C+ (50-59%) An answer which, while always in the main accurate and correct, fails to distinguish between relevant and irrelevant material and is lacking in criticism. An answer which while reliable with regard to correctness is either not comprehensive or not entirely pertinent
Have an increasing familiarity with the research and literature related to the English and Welsh law of contract.
Describe, explain, analyse and evaluate the principle characteristics and concepts of the English and Welsh law of contract, relating them to their political, social, economic and cultural context.
Demonstrate knowledge of key concepts in the English and Welsh law of contract, including: contractual liability and the use of presumptions in determining contractual liability; the development of promissory estoppel; the distinction between contractual terms and non-contractual representations; the remedies for breach of contract.
Find, identify and use relevant legal sources in relation to the English and Welsh law of contract.
Undertake independent legal research in relation ot the relevant areas of the English and Welsh law of contract.
Apply legal knowledge to actual or hypothetical factual scenarios related to contract law.
|ESSAY||Written Assignment - case note||
Students will be expected to write a 'case note' on a relevant and influential contract law judgment.
Students have to provide two answers. One answer must be an essay style question, and the other must be a problem style question. There will be a choice of two essay style questions and two essay style questions.
Teaching and Learning Strategy
Tutorials will routinely require students to engage individually and in groups in acquiring, commenting upon, critically evaluating and applying the principles and details of the subject under the guidance and instruction of the tutor. Tutorials will run on a fortnightly basis and each tutorial will last an hour.
Students will be expected to undertake preliminary background reading (as detailed in the module booklet), and carry out independent research in order to familiarise themselves with forthcoming topics.
The module will be taught by means of 36 hours of lectures, taught over the course of two semesters. Lectures run on a weekly basis and each lecture lasts 2 hours.
- Literacy - Proficiency in reading and writing through a variety of media
- Computer Literacy - Proficiency in using a varied range of computer software
- Self-Management - Able to work unsupervised in an efficient, punctual and structured manner. To examine the outcomes of tasks and events, and judge levels of quality and importance
- Information retrieval - Able to access different and multiple sources of information
- Inter-personal - Able to question, actively listen, examine given answers and interact sensitevely with others
- Critical analysis & Problem Solving - Able to deconstruct and analyse problems or complex situations. To find solutions to problems through analyses and exploration of all possibilities using appropriate methods, rescources and creativity.
- Presentation - Able to clearly present information and explanations to an audience. Through the written or oral mode of communication accurately and concisely.
- Caring - Showing concern for others; caring for children, people with disabilities and/or the elderly
- Argument - Able to put forward, debate and justify an opinion or a course of action, with an individual or in a wider group setting
- Self-awareness & Reflectivity - Having an awareness of your own strengths, weaknesses, aims and objectives. Able to regularly review, evaluate and reflect upon the performance of yourself and others
- Leadership - Able to lead and manage, develop action plans and objectives, offer guidance and direction to others, and cope with the related pressures such authority can result in
Subject specific skills
- Develop the ability to interpret legal rules and employ techniques of legal reasoning competently and efficiently in order to offer a range of solutions and conclusions to actual or hypothetical complex legal problems, all supported by relevant academic literature, jurisprudence and legislative research. Such solutions will be clearly communicated and presented
- Develop the ability to analyse complex legal issues, set against the background of the political, social, economic or cultural contexts in which they may arise
- Develop those skills which are necessary for scholarship and research in legal subjects, namely the ability to identify relevant primary and secondary legal sources and to retrieve accurate legal information using paper and electronic sources
Talis Reading listhttp://readinglists.bangor.ac.uk/modules/sxl-2212.html
Paul Richards, Law of Contract (14th edition, Pearson) C Turner, Unlocking Contract Law (4th edition, Routledge) C Elliott and F Quinn, Contract Law (11th edition, Pearson) R Taylor and D Taylor, Contract Law Directions (6th edition, OUP) E McKendrick, Contract Law (13th edition, Palgrave Macmillan) P. Davies, JC Smith’s The Law of Contract (2nd edition, OUP) J Poole, Textbook on Contract Law (13th edition, OUP) M Chen-Wishart, Contract Law (6th edition, OUP) R Stone, The Modern Law of Contract (12th edition, Routledge) J Beatson, Anson’s Law of Contract (30th edition, OUP) E Peel, Treitel on The Law of Contract (14th edition, Sweet & Maxwell) M Furmston, Cheshire, Fifoot and Furmston’s Law of Contract (17th edition, OUP) J Morgan, Great Debates in Contract Law (2nd edition, Palgrave)