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2022 Spring

ELEMENTS OF THE LAW OF CONTRACT - LEG153/B Spring 2022


Course
Olga Slipetska
For information about registration please contact our admissions.

Lessons

Here is the course outline:

1. The regulation of the terms of the contract

Feb 17, In person

- McKendrick, Chapter 11 ‘Exclusion clauses’ – Section 11.1 ‘Exclusion clauses: defence or definition?’ to Section 11.8 ‘Other common law controls upon exclusion clauses’. - Poole, Chapter 6 ‘Exemption clauses and unfair contract terms’ – Section 6.1 ‘The general approach to exemption clauses’ to Section 6.3 ‘Construction: on its natural and ordinary meaning, the clause covered what happened’. -McKendrick, Chapter 9 ‘The sources of contractual terms’ – Section 9.4 ‘Incorporation of written terms’. -Poole, Chapter 6 ‘Exemption clauses and unfair contract terms’ – Section 6.3 ‘Construction: on its natural and ordinary meaning, the clause covered what happened’. -McKendrick, Chapter 11 ‘Exclusion clauses’ – Section 11.7 ‘Fundamental breach’. - Poole, Chapter 6 ‘Exemption clauses and unfair contract terms’ – Section 6.3.5 ‘Fundamental breach’. - McKendrick, Chapter 11 ‘Exclusion clauses’ – Section 11.9 ‘The Unfair Contract Terms Act 1977’ to Section 11.16 ‘Conclusion’. - Poole, Chapter 6 ‘Exemption clauses and unfair contract terms’ – Section 6.4 ‘Clause in a B2B contract must not be rendered unenforceable by the Unfair Contract Terms Act 1977’.

2. Contracts made by minors

Feb 25, In person & Teams

The issues to concentrate upon are: - contracts for necessaries - beneficial contracts of service - voidable contracts - the recovery of money paid or property handed over in pursuance of a non-binding contract.

3. Mistake

Mar 21, Teams & in person

- What is a contractual mistake? - Mistake vs misrepresentation - Various categories of operative mistakes - Approaches to mistake in law vs equity

4. CHAPTER 9 Misrepresentation

Apr 7, Online and in person

- Definition of misrepresentation -Types of misrepresention -Remedies available (damages vs remission) - Exclusion of liability Core text - McKendrick, Chapter 12 ‘A duty to disclose material facts?’. - McKendrick, Chapter 13 ‘Misrepresentation’. - Poole, Chapter 5 ‘Content of the contract and principles of interpretation’ – Section 5.1 ‘Pre-contractual statements: terms or mere representations?’. - Poole, Chapter 9 ‘Misrepresentation’ – Section 9.1 ‘Actionable misrepresentation’. Essential reading - Hooley, R. ‘Damages and the Misrepresentation Act 1967’ (1991) 107 LQR 547–51. Available in the Online Library.

5. Chapter 10: Duress and undue influence

Apr 14, Online and in person

- The requirements of economic duress, including whether otherwise lawful acts may constitute economic duress. - The effects upon a contract’s enforceability of a finding of duress. - The definition and different categories of undue influence. - The effects, if established, of undue influence. - The development of duress and its expansion to cover economic duress. McKendrick, Chapter 17 ‘Duress, undue influence and inequality of bargaining power’ – Section 17.1 ‘Introduction’ and Section 17.2 ‘Common law duress’. Reading: Poole, Chapter 10 ‘Duress, undue influence, and unconscionable bargains’ – Section 10.1 ‘Duress’.

6. Chapter 11: Third parties

Apr 21, Online and in person

- The doctrine of privity of contract and its two main parts. - The different justifications, if any, for these two main parts. - The extent to which the doctrine of privity historically gave rise to problems and the extent to which those problems remain. - The significance and key provisions of the Contracts (Rights of Third Parties) Act 1999. - The major devices by which rights can be conferred on third parties at common law. - The principal strengths and weaknesses of these devices. - The relationship between the rights of third parties at common law and under the 1999 Act. Reading materials: - As per the relevant directions in the Module guide under each section

7. Chapter 12 Performance and breach

May 4

Learning outcomes This chapter introduces the discharge of contractual obligations as a result of the performance or the breach of a contract, to enable you to discuss and apply in problem analysis its key components (and supporting authority) including: - The concepts of an ‘entire’ contract and substantial performance. - The standard of performance required in different contracts. - The definition and operation of repudiatory breaches of contract. - The circumstances when an innocent party terminates a contract for breach. - The remedial consequences that occur when there has been a breach of contract.

8. Chapter 13 Frustration

May 2, Online

Core text -McKendrick, Chapter 14 ‘Common mistake and frustration’ – Section 14.8 ‘Frustration’ to Section 14.18 ‘Conclusion’. - Poole, Chapter 12 ‘Discharge by frustration: subsequent impossibility’ – Section 12.1 ‘The frustration doctrine: discharge for subsequent impossibility’ and Section 12.2 ‘The contractual allocation of risk’. Learning outcomes - This chapter introduces the discharge of contractual obligations as a result of events occurring after the contract was entered into under the doctrine of frustration, to enable you to discuss and apply in problem analysis its key components (and supporting authority) including: - The role of the doctrine of frustration in the termination of contracts. - The timing and type of event that will ‘frustrate’ a contract. - The limits upon the operation of the doctrine of frustration, including the concept of ‘self-induced frustration’. - The consequences of frustration under the common law rules. - The consequences of frustration under the Law Reform (Frustrated Contracts) Act 1943. - The limitations of the 1943 Act.

9. Chapter 14 Damages

May 19, Online and Teams

- Purpose of damages - The measure of damages - When is restitution available? - Non- pecuniary loss - Remoteness - Mitigation - Liquidates damages

10. Chapter 15 Equitable remedies

May 26

- The concept of equitable remedies - Specific performance - Limitations of specific performance - Injunction Reading: - Recommended reading as per the subject guide

11. Additional final exam advice from UoL

May 16, Online

This is some additional final exam advice from UoL that can also be found in the module guide

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