Module Details
Module Code: |
LAWS C2315 |
Module Title:
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Contract Law 1
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Title:
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Contract Law 1
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Module Level:: |
8 |
Module Coordinator: |
Eileen Doyle
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Module Author:: |
Margaret Crowley
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Module Description: |
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.
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Learning Outcomes |
On successful completion of this module the learner will be able to: |
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Learning Outcome Description |
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. |
Dependencies |
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 |
Co-requisite Modules
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No Co-requisite modules listed |
Additional Requisite Information
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No Co Requisites listed
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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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Module Content & Assessment
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Assessment Breakdown | % |
End of Module Formal Examination | 100.00% |
AssessmentsFull Time
End of Module Formal Examination |
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Reassessment Requirement |
Exam Board
It is at the discretion of the Examination Board as to what the qualifying criteria are.
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SETU Carlow Campus reserves the right to alter the nature and timings of assessment
Module Workload
Workload: Full Time |
Workload Type |
Workload Category |
Contact Type |
Workload Description |
Frequency |
Average Weekly Learner Workload |
Hours |
Lecture |
|
Contact |
No Description |
12 Weeks per Stage |
3.00 |
36 |
Independent Learning Time |
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Non Contact |
No Description |
15 Weeks per Stage |
14.27 |
214 |
Total Weekly Contact Hours |
3.00 |
Workload: Part Time |
Workload Type |
Workload Category |
Contact Type |
Workload Description |
Frequency |
Average Weekly Learner Workload |
Hours |
Lecture |
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Contact |
No Description |
Every Week |
1.50 |
1.5 |
Total Weekly Contact Hours |
1.50 |
Module Resources
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Recommended Book Resources |
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Robert Clark. (2016), Contract Law in Ireland (8th ed.), Round Hall.
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Eoin Molloy. (2020), Contract Law for Students, Bloomsbury Professional, [ISBN: 9781526512291].
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Mairead Enright. (2007), Principles of Irish Contract Law, Clarus Press.
| Supplementary Book Resources |
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Paul A. McDermott. (2017), Contract Law, Bloomsbury Publishing, [ISBN: 9781780432250].
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Clark & Clarke. (2008), Contract Cases & Materials (4th ed.), Gill & Macmillan.
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Simon Haigh. (2001), Contract Law in an E-commerce Age, Round Hall.
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Fergus Ryan. (2006), Contract Law, Round Hall.
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Ed. Prof Hugh Beale. (2010), Chitty on Contracts (30th ed), Sweet & Maxwell.
| Supplementary Article/Paper Resources |
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The Irish Law Times. The Irish Law Times, The Irish Law Times.
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Irish Business Law Quarterly. Irish Business Law Quarterly, Irish Business Law Quarterly.
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Commercial Law Practitioner. Commercial Law Practitioner, Commercial Law Practitioner, Commercial Law Practitioner.
| Other Resources |
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Justis.ie, for all relevant cases and journals..
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Westlaw.ie. for relevant and up to date articles.
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Lexis Nexis Butterworths - for all
relevant UK cases and journals..
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www.irlgov.ie, Website of the Irish Government.
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The Statute book website:
www.irishstatutebook.ie for all relevant
legislation.
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http://www.europa.eu/, EU Website.
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