Module Title:Contract Law 2
Language of Instruction:English
Credits: 5
NFQ Level:8
Module Delivered In 3 programme(s)
Teaching & Learning Strategies: Lectures - communication of knowledge and ideas from the lecturer to the learner Problem Solving Exercises - learner will work as part of a team and will work together to resolve various legal scenarios. Class Discussion/Debate - Learners will be encouraged to actively participate in the class sessions which will develop their analytical and communication skills. E-Learning - It is envisaged that the module will be supported with on-line learning materials. Self-Directed Independent Learning - the emphasis on independent learning will develop a strong and autonomous work and learning practices.
Module Aim: The aim of this module is to guide the learner through a further course of study, to increase her/his knowledge of the principal theories of contract law. It aims to provide a learning environment, which will enable the learner develop the analytical skills required to apply their legal knowledge to various scenarios.
Learning Outcomes
On successful completion of this module the learner should be able to:
LO1 Critique the concept of equitable intervention on a contract and will be able to identify cases of duress, undue influence and unconscionable bargains and the approach of the courts
LO2 Discuss and explain the various methods of discharging contracts and identify and select the appropriate common law and equitable remedies for breach of contract
LO3 Independently research aspects of contract law
Pre-requisite learning
Module Recommendations

This is prior learning (or a practical skill) that is recommended before enrolment in this module.

No recommendations listed
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module.
No incompatible modules listed
Co-requisite Modules
No Co-requisite modules listed
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed.
No requirements listed
 

Module Content & Assessment

Indicative Content
Equitable Intervention
Introduction • Duress • Undue Influence – the presumption of undue influence, undue influence as of fact, discharging the onus of proof, delay in seeking relief; Undue influence and third party lending institutions and approach of Irish courts; • Unconscionable Bargains – approach of the Irish courts, upholding unconscionable bargains
Discharge of Contractual Obligations
Discharge of contract through performance (including entire and divisible contracts), fault of one party preventing performance, tender of performance • Discharge through agreement – rescission through accord and satisfaction, variation, waiver and estoppel. • Discharge following a breach of contract (including repuditory breach, fundamental breach, breach of condition and employment contracts; consequences of breach). • Discharge through operation of law – the doctrine of frustration – theoretical basis of frustration, frustration of the business venture frustration and illegality, self-induced frustration, contracts of employment, frustration of a lease, effects of the doctrine of frustration.
Remedies for Breach of Contract
Underlying principles • Damages –Classification of the measure of compensation, punitive damages, unjust enrichment, “speculative” damages, quantification of damages, remoteness of the damage, mitigation of loss, contributory negligence, interest, penalty and liquidated damages clauses, quantum meruit • Equitable Remedies - specific performance, injunctive relief, rescission, rectification
Third Party Rights
Concept of privity of contract – origins, equity’s response to actions brought by third parties, agency, covenants running with the land, statutory exceptions to the privity doctrine, reform
Assessment Breakdown%
Project100.00%
No Continuous Assessment
Project
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Project A project consisting of an essay or problem based assessment to demonstrate achievement of the learning outcomes. It may involved an in class assessment or an oral presentation. 1,2,3 100.00 n/a
No Practical
No End of Module Formal Examination

ITCarlow reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Frequency Average Weekly Learner Workload
Lecture 12 Weeks per Stage 3.00
Independent Learning Time 15 Weeks per Stage 5.93
Total Hours 125.00
Workload: Part Time
Workload Type Frequency Average Weekly Learner Workload
Lecture Every Week 1.50
Total Hours 1.50
 

Module Delivered In

Programme Code Programme Semester Delivery
CW_BBLAW_B Bachelor of Business (Honours) in Business with Law 4 Mandatory
CW_BBLAW_C Higher Certificate in Business with Law 4 Mandatory
CW_HHLAW_B Honours Bachelor of Laws Degree - LLB 4 Mandatory