Module Details

Module Code: LAWS C2318
Module Title: Contract Law 2
Title: Contract Law 2
Module Level:: 8
Credits:: 5
Module Coordinator: Eileen Doyle
Module Author:: Margaret Crowley
Domains:  
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.
 
Learning Outcomes
On successful completion of this module the learner will be able to:
# 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.

No recommendations listed
Co-requisite Modules
No Co-requisite modules listed
Additional Requisite Information
No Co Requisites listed
 
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
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.
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
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
Module Content & Assessment
Assessment Breakdown%
Project100.00%

Assessments

Full Time

No Continuous Assessment
Project
Assessment Type Project % of Total Mark 100
Timing n/a Learning Outcomes 1,2,3
Non-marked No
Assessment Description
A project consisting of an essay or problem based assessment to demonstrate achievement of the learning outcomes. It may involved an in class assessment or an oral presentation.
No Practical
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.

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 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
Recommended Book Resources
  • Robert Clark. (2016), Contract Law in Ireland, 8th. Round Hall.
  • Eoin Molloy. (2020), Contract Law for Students, Bloomsbury Professional, p.404, [ISBN: 9781526512291].
  • Mairead Enright. (2007), Principles of Irish Contract Law, Clarus Press.
  • Clark and Clarke. (2008), Contract cases and Materials, 4th. Gill and McMillan.
Supplementary Book Resources
  • Paul A. McDermott. (2017), Contract Law, Bloomsbury Publishing, p.1552, [ISBN: 9781780432250].
  • Fergus Ryan. (2006), Contract Law, Round Hall.
This module does not have any article/paper resources
Other Resources
  • Courts website. www.courts.ie.
  • www.statutebook.ie. For legislation.
  • Justis.ie. For case reports.
  • Westlaw.ie. For up to date articles and ebooks.
  • Westlaw.uk. For international commentary and UK cases.
  • https://europa.eu/european-union/index_e n. EU website.
  • Lexisnexis Legal. For case reports.
Discussion Note: