This module is designed to provide students with a thorough and critically informed understanding of the operation of the rules of contract in the Irish legal system. The module addresses the fundamental components of a contract—including agreement, consideration and the intention to create legal relations—before exploring more intricate terms and clauses within contracts. The module proceeds to examine vitiating and voiding factors, as well as the grounds upon which a contract may be terminated. Finally, potential remedies for breach of contract are discussed.
Introduction
Historical origins of contract law and relationship with other causes of action. Core principles and sources ofContract law in Ireland
Formation and Content
Formation of a Binding Contracti. Offer and Acceptance Offer – specific cases: auction sales; display of goods; advertisement; tenders; e-commerce Acceptance – methods of acceptance; battle of the forms; communication ofacceptance; e-commerce; acceptance by post Termination of offerii. Consideration – Sufficient consideration, insufficient consideration, exception to rule onconsideration, doctrine of promissory estoppeliii. Intention to Create Legal Relations and Certainty – domestic and family arrangements;commercial arrangements; requirement of certaintyiv. Formalities Contracts that must be evidenced in writing Contracts that must be wholly in writing2. Privity of contract – comparison with consideration and rationale. Exceptions: statutory,equitable, agency, collateral contracts.3. Capacity to contract – general presumption of capacity: exceptions: infancy; insanity and37intoxication; aliens; corporations; diplomatic immunity4. Terms of a contract –i. Express Terms - oral and written; collateral contracts; Implied Terms - implied infact; at common law; by statute; or by constitution.ii. relative importance of contractual terms: conditions and warranties.iii. Exclusion Clauses - incorporation; interpretation; and legalityiv. Consumer contracts: the relevant Irish and EU legislation is examined.
Validity and enforceability of contracts
Misrepresentation: Definition: types of misrepresentation: fraudulent; negligent; innocent;remedies: at common law, equity and statutory; exclusion of liability for misrepresentation.2. Mistake: introduction; types of mistake: common mistake; mutual mistake; and unilateralmistake; remedies: rectification.3. Duress, Undue influence, unconscionability: Duress; Undue influence: presumed and as of fact;discharging the onus of proof; delay in seeking relief; Unconscionable bargains4. Illegal and void contracts: (a) illegal contracts: by legislation; at common law; consequences ofillegality. (b) void contracts: void under statute; void at common law and in restraint of trade.Severance
End of Contract
Discharge of contractual obligations – Discharge by agreement- discharge by performance-discharge by breach - discharge by operation of law: doctrine of frustration and force majeure2. Remedies for breach of contract – Damages - mitigation - rescission - restitution (outline only) -specific performance and injunction
Lectures
The module will primarily be delivered through a weekly lecture. However, lectures will adopt a student-centred approach, and student learning will often be supported through the following activities:
Problem-Based Learning
Problem-based learning will feature as a significant learning method throughout your legal education. Students will be assigned to groups to work through hypothetical scenarios. Students will be expected to assist one another in the identification of legal issues, the interpretation of the relevant rights, and the presentation of an accurate response to the lecturer.
Tutorials
Students will attend 6 Tutorials over the course of the year, in which problem-based learning will play a major role. Tutorials are smaller classes that provide a more interactive forum for the student to engage with specific topics in greater detail.
Online Learning Technologies
Mobile apps, including Mentimeter, Socrative, and the Brightspace companion app, Pulse, will be used in-class to solicit responses from students. These interactive apps are particularly useful in large classes, where student–lecturer interaction is not always practicable. These apps allow students to express their opinions and to gauge their understanding without pressure from their peers.
Active Viewing
Throughout the year, students will interact with a variety of engaging audio-visual resources drawn from popular media and YouTube. Students will be asked to engage in peer-to-peer discussion and to complete handouts on these resources.
Small Group Activities
Students may be assigned to groups in-class to discuss and interpret key passages from case-law, or articles from popular media. Students will then be expected to present their findings to their peers via minute papers or short oral presentations. These activities will provide a strong basis for making notes key cases.
| Module Content & Assessment | |
|---|---|
| Assessment Breakdown | % |
| Formal Examination | 70 |
| Other Assessment(s) | 30 |