Module Title: | Contract Law 1 |
Language of Instruction: | English |
Teaching & Learning Strategies: |
Lectures - communication of knowledge and ideas from the lecturer to the learner.
Problem Solving Exercises - learners 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 course of study, which will enable her/him gain knowledge of the principal theories of contract law. It aims to provide a learning environment, which will enable the student 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 |
Appreciate the legal elements required to form a binding contract and be able to assess
and evaluate the impact of these required elements upon various legal scenarios. |
LO2 |
Distinguish between various types of contract terms, understand their relative importance and effect, and
appreciate the impact of the distinction between such terms. |
LO3 |
Assess the impact of mistake and misrepresentation on a contract and be able to discuss the approach of the courts to these
invalidating factors. |
LO4 |
Appreciate how public policy considerations have impacted upon both illegal and void contracts and be able to analyse the
contractual capacity of both individuals and corporations to enter into enforceable contracts. |
Pre-requisite learning |
Module Recommendations
This is prior learning (or a practical skill) that is recommended before enrolment in this module.
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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
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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 |
Formation of a Binding Contract
• Definition of a contract
• The rules of offer and acceptance
• Consideration
• Intention to create legal relations
• Formal and Evidentiary requirements
• Capacity to Contract - minors - necessaries-beneficial contracts of service
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Construction of a Contract
• Contractual Terms and Representations
• Express Terms – distinction between representations and terms, the parole evidence rule, collateral contracts
• Implied Terms – implied terms at common law, good faith obligations as implied terms, terms implied under statute, terms implied under the Constitution, terms implied by custom. Sale of Goods and Supply of Services Implied Terms.
• Exemption Clauses – definition, incorporation of exemption clauses, construction of the exemption clause, the core obligation and exclusion clauses, fundamental breach, refusal to apply exemption clauses, exemption clauses and third parties.
• Consumer Protection – standard form contracts
• Importance and relative effect of contractual terms
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Invalidity
• Mistake – operative mistake (mistake of law, mistake of law in equity, common mistake of fact, common mistake of fact in equity, mistake
as to the terms of the agreement, mistake in executing a deed or document, mistake as to title, mistake as to identity), remedies for
operative mistake (rescission, rectification, damages), plea of non est factum • Misrepresentation – the statement (including silence as a
misrepresentation), the causes of action (fraudulent, negligent and innocent misrepresentation, remedies and rescission. • Importance and
relative effect of contractual terms
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Specific Types of Contract
• Electronic Contracts
E-Commerce Contracts including formation, applicable legislation, jurisdiction and the validity of electronic signatures.
• Employment Law
Employees and independent contractors
Formation of employment contracts
Terms of employment contracts
Protective legislation.
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Public Policy
Illegal Contracts – Illegal contracts at common law, statutory illegality, gaming and wagering contracts, the consequences of common law
and statutory illegality, exceptions to ex turpi causa and in pari delicto, separate transactions, severance, pleading illegality, remedies. •
Void contracts – contracts void at common law (including contracts in restraint of trade), severance of void provisions, repudiatory breach
and enforceability.
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Assessment Breakdown | % |
End of Module Formal Examination | 100.00% |
End of Module Formal Examination |
Assessment Type |
Assessment Description |
Outcome addressed |
% of total |
Assessment Date |
Formal Exam |
End-of-Semester Final Examination |
1,2,3,4 |
100.00 |
End-of-Semester |
SETU Carlow Campus 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 |
14.27 |
Total Hours |
250.00 |
Workload: Part Time |
Workload Type |
Frequency |
Average Weekly Learner Workload |
Lecture |
Every Week |
1.50 |
Total Hours |
1.50 |
Module Delivered In
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