Module Details
Module Code: |
LAWS C2318 |
Module Title:
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Contract Law 2
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Title:
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Contract Law 2
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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 further course of study, to increase her/his knowledge of the principal theories of contract law. It aims to provide a learning environment, which will enable the learner 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 |
Critique the concept of equitable intervention on a contract and will be able to identify cases of duress, undue influence and
unconscionable bargains and the approach of the courts |
LO2 |
Discuss and explain the various methods of discharging contracts and identify and select the appropriate common law and
equitable remedies for breach of contract |
LO3 |
Independently research aspects of contract law |
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 |
Equitable Intervention
Introduction • Duress • Undue Influence – the presumption of undue influence, undue influence as of fact, discharging the onus of proof,
delay in seeking relief; Undue influence and third party lending institutions and approach of Irish courts; • Unconscionable Bargains –
approach of the Irish courts, upholding unconscionable bargains
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Discharge of Contractual Obligations
Discharge of contract through performance (including entire and divisible contracts), fault of one party preventing performance, tender of
performance • Discharge through agreement – rescission through accord and satisfaction, variation, waiver and estoppel. • Discharge
following a breach of contract (including repuditory breach, fundamental breach, breach of condition and employment contracts;
consequences of breach). • Discharge through operation of law – the doctrine of frustration – theoretical basis of frustration, frustration of
the business venture frustration and illegality, self-induced frustration, contracts of employment, frustration of a lease, effects of the doctrine
of frustration.
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Remedies for Breach of Contract
Underlying principles • Damages –Classification of the measure of compensation, punitive damages, unjust enrichment, “speculative”
damages, quantification of damages, remoteness of the damage, mitigation of loss, contributory negligence, interest, penalty and liquidated
damages clauses, quantum meruit • Equitable Remedies - specific performance, injunctive relief, rescission, rectification
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Third Party Rights
Concept of privity of contract – origins, equity’s response to actions brought by third parties, agency, covenants running with the land,
statutory exceptions to the privity doctrine, reform
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Module Content & Assessment
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Assessment Breakdown | % |
Project | 100.00% |
AssessmentsFull Time
No End of Module Formal Examination |
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 |
5.93 |
89 |
Total Weekly Contact Hours |
3.00 |
Workload: Part Time |
Workload Type |
Workload Category |
Contact Type |
Workload Description |
Frequency |
Average Weekly Learner Workload |
Hours |
Lecture |
|
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. Round Hall.
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Eoin Molloy. (2020), Contract Law for Students, Bloomsbury Professional, p.404, [ISBN: 9781526512291].
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Mairead Enright. (2007), Principles of Irish Contract Law, Clarus Press.
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Clark and Clarke. (2008), Contract cases and Materials, 4th. Gill and McMillan.
| Supplementary Book Resources |
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Paul A. McDermott. (2017), Contract Law, Bloomsbury Publishing, p.1552, [ISBN: 9781780432250].
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Fergus Ryan. (2006), Contract Law, Round Hall.
| This module does not have any article/paper resources |
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Other Resources |
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Courts website. www.courts.ie.
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www.statutebook.ie. For legislation.
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Justis.ie. For case reports.
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Westlaw.ie. For up to date articles and ebooks.
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Westlaw.uk. For international commentary and UK
cases.
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https://europa.eu/european-union/index_e
n. EU website.
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Lexisnexis Legal. For case reports.
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