Introductory description

This core module will introduce you to the particular features of contracting, what is required for an agreement to be recognised as a legally enforceable contract, the main parameters of contract law (e.g., the importance of freedom of contract and self-reliance), consent and vitiation of consent, as well as performance of the contract and the main remedies for non-performance.
In addition to these essential elements, the module will also select elements of Contract Law dealing with the entire life-cycle of a contract. The topics covered year-on-year may change.

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.

Fixed topics:

1. What is distinctive about contract law? (Exploring the nature of contracting, the role of promising and agreeing; the role of objectivity)
2. How is contract law engaged? (Contract formation (offer/acceptance/intention/consideration), the purpose of contract law, the idea of consent to the application of contract law)
3. What are the parameters of contract law? (Freedom of contract, self-reliance over co-operation, onus on parties to draft contracts carefully and the role of standard form contracts, consent to terms of contract)
4. Vitiation of consent (a thematic overview, with particular focus on misrepresentation and undue influence)
5. Performance, breach and termination (Primary and secondary obligations, availability of termination)
6. Damages (Purpose, calculation, limitations (remoteness/mitigation))

Variable topics (a selection of these will be covered , dependent on current developments, staff research interests etc):

1. Variation and estoppel
2. Other vitiating factors
3. Frustration
4. Exclusion & limitation clauses
5. Anticipatory breach
6. Privity
7. Language, interpretation and implication

A range of thematic approaches may be deployed. These might include critical approaches to contract law, feminist approaches, contract theory, law and economics, comparative contract law, or sociolegal approaches.

Learning outcomes

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

• understand the nature of a “contract” and the role of Contract Law
• have knowledge and understanding of key themes and ideas in contract law
• show some awareness of how the historical, economic, or societal context has influenced the common law of contract
• demonstrate knowledge of key primary sources in selected areas of Contract Law
• analyse the law in its context on the basis of relevant primary and secondary sources

Indicative reading list

To be determined

Research element

Students will conduct research into legal cases, academic literature and other source material required for analysis of the topics covered within the module as well as the formative and final assessment

Interdisciplinary

This module will be taught in Warwick's Law-in-Context tradition, and the discussion of doctrinal topics (legal rules and principles developed at common law) will include framing through a variety of approaches, such as critical approaches to contract law, feminist approaches, contract theory, law and economics, comparative contract law, or sociolegal approaches

International

Some comparison of and reference to other legal jurisdictions may be made within the module.

Subject specific skills

Legal writing
Case analysis

Transferable skills

Critical analysis
Presentation of work in written and oral form
Collaborative working
Problem solving