UK Contract law
Etablissement : Faculté de Droit – Lille et Issy-les-Moulineaux
Langue : Anglais
Formation(s) dans laquelle/lesquelles le cours apparait :
Période : S2
The aim of this course is to offer a primer on contract law and practice in England and Wales. This course will equally briefly address the Common law legal system through the prism of contract law and practice, in order to equip the students with the necessary vocabulary and conceptual background for more advanced subjects going forward. The main focus of this course will be to encourage confident oral expression in English while engaging with the subject matter. As such, students will be called upon to answer questions and participate in a positive and encouraging environment.
The course will follow the life cycle of contract from formation to end by performance or by breach. We will also touch on the terms of the contracts and the different methods of resolving contractual disputes, which will allow us to very briefly introduce alternative dispute resolution methods, notably arbitration.
By the end of the course the students should be capable of:
- Understanding the basic concepts of contract law in the legal system of England and Wales
- Understanding and using the vocabulary and concepts relating to contract law.
- Explaining the essential requirements for the formation of a valid contract in English law, including the concepts of Reliance, Consideration and Promissory Estoppel
Acquire familiarity with a few of the key terms commonly found in English contracts and their use. This will include a brief overview of elements such as: interpretation of contracts, implied terms, a quick overview of what constitutes a boilerplate clause, exclusion clauses, the concept of Good Faith.
- Understanding how a contract can be set aside: we will therefore look into the concepts of Mistake, Misrepresentation, Undue Influence, Unconscionability.
- Identify when a breach of contract has occurred and how a contract can be terminated.
Discuss different methods of dispute resolution and introduce the concept of arbitration and alternative dispute resolution methods.
- Introduction to UK Contract law: introduction to the course, brief exploration of the sources of contract law and presentation of the essential requirements for a valid contract.
- Formation of a contract: offer and acceptance, consideration and Promissory Estoppel
- Formation of a contract and the terms of the contract: making allowance for probable carry-over from the previous course, we will conclude on consideration and Promissory Estoppel and then introduce the topic of the terms of the contract. We will cover implied terms, the battle of the forms, the principle of good faith.
- The terms of the contract: we will continue on the topic of the terms of the contract and cover contractual interpretation, unfair terms, exclusion clauses etc. Exercise in clause drafting: students will be given 10-15 minutes to practice drafting a contract clause, probably an exclusion clause
- Attacking the validity of a contract: setting aside a contract, introduction to the concepts of Mistake, Misrepresentation, Duress, Unconscionability.
- Mid-Term Assessment: a 30- or 45-minute sit down examination with two questions to answer.
- Breach of contract and remedies for breach: introduction to concept of breach of contract, presentation of remedies, brief overview of damages for breach if time allows for it.
- End of a contract: end of a contract by performance, doctrine of frustration.
- Presentation of alternative dispute methods including arbitration. Revision and discussion of final exam.
