Module: LAW5000-20 Contract with Negotiation & ADR

Level: 5

Credit Value: 20

Module Tutor: Nichola McNulty

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

1.Brief description and aims of module:

We make numerous contracts every single day; some only very minor, like buying something from a shop, and some very major, like buying a house or a marriage contract.  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 several 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.

You will also explore non-litigation routes to dispute resolution, including negotiation, mediation, arbitration and the use of ombudsmen and develop skills in some of these areas.  These are becoming increasingly popular, including amongst judges and law-makers, 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.

2.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).

3.Teaching and learning activities:

You will be taught by way of 1x 1-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: Course Work

• Description: Problem question essay (2,500 words)

• % Weighting: 50

Assessment Item 2:

• Assessment Type: Legal Presentation

• Description: Assessed negotiation, arbitration or mediation

• % Weighting: 50