Contract Law (GDL)

• Credit value: 15 credits at Level 6
• Convenor: Dr Victoria Ridler
• Assessment: a 2000-word problem question (50%) and in-class multiple-choice test (50%)

In this module we introduce you to the law of contract and consider four broad themes.

Contract formation focuses on the nature of legally enforceable obligations derived from a ‘contract’. There will be an emphasis on its development through case law considering the requirements of formation and its essential legal characteristics. Second, we will focus on the terms of a contract, how they are incorporated, terms which are implied and the court's approach to interpretation. We will also address legislation that regulates the content of contracts, such as the Consumer Rights Act 2015. Third, we will consider ways in which contracts can go wrong, in particular the ways in which parties may escape what appear to be contractual obligations, whether due to failures in ‘formation’, impossibility of performance, or where consent has been vitiated due to some unfairness in the process. Finally, we will address the legal consequences for breach.

Throughout, there will be critical reflection on the way in which contract, and contractual intention, is conceptualised and constituted through the common law tradition.

Indicative syllabus

• Introduction to contract formation and remedies for breach
• Intention and the agreement (offer and acceptance)
• Consideration
• Parties to a contract (capacity and privity)
• The content of the contract: express terms, incorporation and interpretation
• Implied terms and unfair terms
• Misrepresentation and unilateral mistake
• Common mistake and frustration
• Duress, undue influence and unconscionability
• Remedies

By the end of this module, you will:

• understand key principles and concepts of contract law
• understand the common law tradition and, in particular, relevant forms of legal reasoning
• comprehend and be able to critically reflect on cases and statutes
• be able to analyse and apply the law (legal sources) in completing problem scenario-type questions
• be aware of the uncertainty, ambiguity and limits of law.