Overview

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.

Assessment Strategy

-threshold -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.

-good -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.

-excellent -Excellent: A- to A* (70+%) An outstanding 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.

Learning Outcomes

• Be aware of wider contextual issues in relation to the English and Welsh law of contract.

• Cite and recognise correctly the legal authorities and scholarly opinions which support or refute arguments related to contract law.

• Identify correctly the rules of the English and Welsh law of contract which are pertinent to understanding a proposition contained in a question or statement.

• State relevant arguments for and against a proposition related to the law of contract in an unbiased manner.

• Understand and distinguish the basic concepts and rules relevant to the English and Welsh law of contract, including: the nature of contractual liability; the distinction between offers and invitations to treat; the difference between executed, executory and past consideration; the remedies available for breach of contract.