Module: LAW4004-20 Contract with Negotiation and ADR

Level: 4

Credit Value: 20

Module Tutor: Nichola McNulty

Module Tutor Contact Details: n.mcnulty@bathspa.ac.uk

Brief description and aims of module:

Contracts are all around us and we unconsciously make numerous contracts every day, some only very minor, like buying something from a shop, and some very major, like buying a house. Whilst the law seeks to give effect to the ‘freedom to contract’ – that is, to create contracts with whomever we wish about whatever we wish on whatever terms we wish – it must nonetheless intervene in certain  circumstances.  The study of contract is a key area for any law student and is of value to everyone; whilst those who might deal with large-value commercial contracts will see the obvious benefit, it is of real value to and will empower anyone who completes on a contract as a consumer, as we’ll explore topics like consumer protection laws and reading and assessing the drafting of contracts.

You will also explore aspects of dispute resolution, including negotiation and mediation, and develop skills in some of these areas.  These are becoming increasingly popular, and are often a pre-requisite to litigation.

In this module, you will be able to demonstrate the following graduate attributes:

Will be employable:  Equipped with the skills necessary to flourish in the global workplace, able to work in and lead teams;

Will be able to understand and manage complexity, diversity and change;

Will be creative:  Able to innovate and to solve problems by working across disciplines as professional or artistic practitioners;

Will be critical thinkers:  Able to express their ideas in written and oral form, and possessing information literacy.

Outline syllabus

Topics covered might include:

Formation (offer, acceptance, ITCLR, consideration, capacity);

Terms (generally, exclusion clauses);

Vitiating matters (mistake, misrepresentation, duress, undue influence, illegal and unenforceable contracts);

Third-party rights/privity;

Discharge of contracts;

Remedies (common law, equitable).

Teaching and learning activities

You will be taught by way of 1x 2 hour lecture and 1x 2-hour seminar each week.  Lectures will introduce and explore substantive subjects as specified above.  Seminars will include a variety of activities including class discussion, scenario analyses, role-play, written and research exercises and other formative activities.

Assessment Item 1:

• Assessment Type: CW

• Description: Problem question essay (2,000 words)

• % Weighting: 50%

Assessment Item 2:

• Assessment Type: CW

• Description: Assessed negotiation

• % Weighting: 50%