LAW06077 0000 Contract Law

General Details

Full Title
Contract Law
Transcript Title
Contract Law
Code
LAW06077
Attendance
N/A %
Subject Area
LAW - Law
Department
SOCS - Social Sciences
Level
06 - NFQ Level 6
Credit
05 - 05 Credits
Duration
Semester
Fee
Start Term
0000 - The Beginning of Time
End Term
9999 - The End of Time
Author(s)
Deirdre McCaffrey, Breda McTaggart, John Weir
Programme Membership
SG_GLAWB_H08 202100 Bachelor of Arts (Honours) in Law and Business
Description

This module is designed to provide learners with a knowledge of Contract Law in Ireland. Common law principles, case law and legislation shall be considered. Students shall cover key principles relating to the formation of a contract, contractual terms, vitiating factors, how a contract may come to an end and remedies that may be available for a breach of contract.

Learning Outcomes

On completion of this module the learner will/should be able to;

1.

Identify the key principles relating to the formation of a contract.

2.

Explain contractual terms including exemption clauses and consumer protection.

3.

Demonstrate knowledge and understanding of vitiating and voiding factors.

4.

Examine and describe the ways in which a contract may come to an end and the remedies that may be available for a breach of contract.

Teaching and Learning Strategies

The teaching and learning strategy is one which is founded on student‑centered active learning. The module is designed to accommodate blended learning.  A range of Computer-Aided Learning (CALL) packages are available to support this module (e.g. Moodle, Adobe Connect, Panopto, Teams).

Module Assessment Strategies

Students will participate actively in their own learning and have the opportunity to reflect on their learning progress through continuous assessment which will contribute 30% of the overall mark. Continuous assessment may take the following forms: report, Moodle quiz, in-class test, case-study, project and so on.  Throughout the process feedback will be provided.  The end of term examination is 70% of the overall mark.

Repeat Assessments

Repeat assessment is based on the failed component.

Indicative Syllabus

1. Identify the key principles relating to the formation of a contract.

  • Offer and acceptance
  • Consideration and estoppel
  • Intention to create legal relations
  • Capacity
  • Formal and evidentiary requirements

2. Explain contractual terms including exemption clauses.

  • Interpretation
  • Express terms and implied terms
  • Exemption clauses 

3. Demonstrate knowledge and understanding of vitiating and voiding factors.

  • Mistake
  • Misrepresentation (including duty of disclosure)
  • Duress and undue Influence
  • Illegality

4. Examine and describe the ways in which a contract may come to an end and the remedies that may be available for a breach of contract.

  • Termination of contract
  • Remedies for breach of contract

Coursework & Assessment Breakdown

Coursework & Continuous Assessment
30 %
End of Semester / Year Formal Exam
70 %

Coursework Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Continuous Assessment Continuous Assessment Assessment 30 % Week 6 1,2
             
             

End of Semester / Year Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Examination Final Exam Closed Book Exam 70 % End of Term 1,2,3,4
             
             

Full Time Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Not Specified In Class Learning 2 Weekly 2.00
Tutorial Not Specified In Class Learning 1 Weekly 1.00
Independent Learning Not Specified Independent learning 4 Weekly 4.00
Total Full Time Average Weekly Learner Contact Time 3.00 Hours

Required & Recommended Book List

Recommended Reading
2016-09-30 Contract Law in Ireland
ISBN 0414056361 ISBN-13 9780414056367

The eight edition of this bestselling Irish Contract Law text includes a number of important, and landmark, legislative changes that have taken place since the last edition, for example the Assisted Decision-Making (Capacity) Act from late 2015 and many more. Also included in this edition are developments in case law from Irish jurisdictions as well as England and Wales and elsewhere in the Commonwealth. The important doctrinal shifts marked in the previous edition on the convergence of principles that govern Judicial Review in public law and their influence over performance of private law obligations has continued to mark the emergence of good faith standards in the interpretation of promises that, at first, look to be void for uncertainty. There have been similar developments on good faith in regard to the performance of contracts. Changes in the fortunes of Lord Hoffmann's views on principles governing contractual interpretation and implied terms are traced and it will be interesting to see how the Irish courts will respond to such events. The final appellate courts in the United Kingdom, Australia and Ireland have provided important decisions relating to statutory illegality, serving to make the law in all three jurisdictions more responsive to the imperatives that lie behind the statute in question. Recent case law from Ireland, England and Wales, Australia and New Zealand continues to develop the law on promissory estoppel in a contractual setting. Chapter 19, the law relating to damages following on from a breach of contract, has been expanded to take account of added complexities, the uncertainty surrounding the date of breach rule, and some hints about remoteness and consequential loss. Other areas include compensation for non-pecuniary loss, contributory negligence and penalty/liquidated damages clauses. Professor Clark provides a convenient and reliable guide to Irish Contract Law, as located in the context of the English (and Irish) common law tradition

Recommended Reading
2007 Principles of Irish Contract Law
ISBN 1905536100 ISBN-13 9781905536108

Principles of Irish Contract Law emphasises the theory behind contract law, demystifying difficult concepts and providing a policy-driven introduction to this challenging subject.

Recommended Reading
2000-01-01 Contract Law Bloomsbury Professional
ISBN 1845923642 ISBN-13 9781845923648

The authority on Irish contract law and written by a leading expert, this guide to contract law contains a wealth of information, guidance and know-how which will be of benefit to any legal practitioner specialising in this area of law. The coverage includes creating contracts over the Internet, exclusion clauses, misrepresentation, mistake and undue influence. Leading case law from other common law jurisdictions such as Canada, Australia, the United Kingdom and New Zealand are also highlighted. Contract Law considers every major Irish contract law case, as well as practical matters such as construction of contracts, breach of contract and contractual remedies - essential reference material. Offer and Acceptance. Consideration and Estoppel. Intention to Create Legal Relations. Formal and Evidentiary Requirements. Electronic Contracts. The Construction of Express Terms. Implied Terms. The Incorporation of Contractual Terms. The Construction of Contractual Terms. The Construction of Exemption Clauses. The Sale of Goods and Consumer Protection. Mistake. Misrepresentation. Duress, Undue Influence and Unconscionable Bargain. Illegality. Restraint of Trade. Contractual Capacity. Privity and Assignment. The Classification of Contractual Obligations. Performance and Termination of Contractual Remedies. Frustration.

Recommended Reading
2019-05-23 Poole's Textbook on Contract Law Oxford University Press, USA
ISBN 9780198816980 ISBN-13 0198816987

A student classic: clear, comprehensive, contextual. Jill Poole's immensely popular Textbook on Contract Law has been guiding students through contract law for over 20 years. This new edition has been updated with the latest key legal developments by Professor Robert Merkin and Dr Severine Saintier. The law of contract is placed within its commercial context, and students are provided with a detailed yet accessible treatment of all the key areas of contract law. Key features: - Each chapter begins with a summary of key issues, providing an overview of central themes and points of law, and concludes with suggestions for further reading, guiding students towards the most relevant texts and articles - Key points, illustrative examples and questions encourage a deeper understanding of the central facts and issues - Headings, case summaries and case extract boxes allow for easy navigation through the text Online resources: The study of contract law continues via the online resources, keeping you up to date and helping to consolidate your learning. - 300 multiple choice questions with answers and feedback - Self-test questions and answers - Guidance on answering problem questions in contract law - Updates on new legislation, cases, and other legal developments

Module Resources

Non ISBN Literary Resources
Journal Resources
URL Resources

https://www.lawsociety.ie

www.europa.eu

curia.europa.eu

www.westlaw.ie

www.irlii.org

Other Resources
Additional Information