The aim of this course 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.
This programme is a module from our Law degree programme offered as a standalone certificate for students who are interested in gaining a recognised qualification in this discipline.
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
PLEASE NOTE: Contract Law 1 must be completed before taking Contract Law 2
Delivery
Blended - Students will be required onsite 3 weeks of the 12 week term with the remainder of the course delivered online
Entry Requirements
All applicants will considered on a case-by-case basis. Lifelong Learning reserves the right to require applicants to attend for an interview to determine their suitability for the course.
PLEASE NOTE: Contract Law 1 must be completed before taking Contract Law 2
