Module Information

Module Identifier

LAM0420

Module Title

Aspects of Commercial Contracting

Academic Year

2014/2015

Co-ordinator

Mr Christopher A Davies

Semester

Semester 1

Other Staff

Course Delivery

Delivery Type	Delivery length / details
Seminars / Tutorials	22 hours; 11x2 hour seminars

Assessment

Assessment Type	Assessment length / details	Proportion
Semester Assessment	WRITTEN ASSIGNMENT OF 5,000-6,000 WORDS	80%
Semester Assessment	ORAL PRESENTATION	20%
Supplementary Assessment	WRITTEN ASSIGNMENT OF 5,000-6,000 WORDS TO BE RESUBMITTED, IF FAILED	80%
Supplementary Assessment	ORAL PRESENTATION OR WRITTEN ASSIGNMENT IN LIEU OF ORAL PRESENTATION TO BE SUBMITTED, IF FAILED	20%

Learning Outcomes

understand some of the problems of commercial contracting and how to deal with, or avoid them, where that is possible. The aimof the module is to enhance the students' abilities to analyse legal problems and to use legal rules to achieve required commercial ends.

Brief description

Contracts lie at the heart of business law and this module examines some of the fundamentals of commercial contracting, allowing the student to give more detailed and focused attention to the issues than was possible at undergraduate level. This module should combine well with most others as part of a coherent scheme of study. It will consider - standard form contracts; the planning of performance; the trends in interpretation of contracts; the Unfair Contract Terms Act 1977; the Unfair Terms in Consumer Contracts Regulations of 1999; the position of third parties (eg in relation to their acquiring the protection of exemption clauses); and the use of liquidated damages clauses, penalty clauses and related devices; some some questions in relation to the scope of contractual damages; duress and undue influence problems.

Content

1. Introduction
2. Standard Form contracts
3. Planned performance
4. Interpreting contracts
5. Exemption clauses - the Unfair Contract Terms Act 1977
6. Unfair Terms in Consumer Contracts Regulations 1994
7. Third parties
8. Liquidated damages / Penalty clauses
9. Scope of damages
10. Duress and Undue Influence

Notes

This module is at CQFW Level 7