LAW OF OBLIGATIONS

SHE Level 1
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M1M122761
Module Leader Naveed Kayani
School Glasgow School for Business and Society
Subject Law
Trimesters
  • A (September start)-B (January start)
  • B (January start)-A (September start)

Summary of Content

This module provides the student with a knowledge and understanding of key areas of the law of obligations within Scots Private Law, encompassing a study of contract, delict and unjustified enrichment. The module will expose students to the implications, for the development of contract law, of a global market economy, contracting within a single European market and the expansion of electronic commerce across international boundaries. The role of lawyers in society is changing - lawyers are increasingly expected to be pro-active in the prediction and prevention of unethical as well as unlawful behaviour across all areas of society. The delivery of the module will thus embed PRME principles including: developing graduates who care about social responsibility; developing learning and teaching which enables graduates to become responsible leaders and practitioners; and developing graduates who will advise businesses and other stakeholders to explore mutually beneficial responses to social and legal challenges.

Syllabus

The law of obligations -360b7 the distinction between obligations voluntarily undertaken and those imposed by law; b7 the distinction between unilateral and bilateral obligations; The law of contract -360b7 formation of valid contracts; b7 regulation of contractual terms; b7 termination of contractual obligations and remedies for breach of contract The law of delict -360b7 distinction between intentional and unintentional wrongs; b7 duty; b7 breach of duty; b7 causation; b7 defences and other limiting factors; b7 breach of statutory duty; b7 vicarious liability The law of unjustified enrichment: repetition, restitution, recompense, negotiorum gestio, salvage Legal Method -360b7 an introduction to legal sources: electronic and paper -360b7 identify, find and analyse legal cases b7 identify, find and analyse statutory material b7 the written presentation of legal information and argument b7 problem questions/case studies b7 discursive essays b7 formal legal material b7 the oral presentation of legal issues and argument

Learning Outcomes

On successful completion of this module, the student should be able to:1. demonstrate a knowledge and understanding of the principles of the law of contract, delict and unjustified enrichment;2. distinguish between contractual and delictual liability;3. analyse a given set of facts so as to identify the relevant legal issues arising therefrom, explain the relevant law; synthesise case law and statute to reinforce legal points and synthesise different points of law when reaching a reasoned conclusion4. communicate confidently with legal experts on a range of legal matters 5. update their acquired knowledge in order to keep pace with changes in relevant areas of law 6. identify and retrieve up to date legal information using paper and electronic repositories; use primary and secondary legal sources which are relevant to the topic under study and current at the point of assessment; present knowledge and information using sources to support arguments and conclusions; provide recognised methods of citation and reference. 7. identify accurately and formulate clearly the legal issues to be researched; undertake independent research (both paper-based and electronic) in areas of law which have not been previously studied, using paper and electronic repositories to research new topics without reference to a reading list.8. PRME Learning Outcome: demonstrate an ability to explore ethical and socially responsible responses to issues arising within the context of the law of obligations.

Teaching / Learning Strategy

On successful completion of this module, the student should be able to: -360 1. demonstrate a knowledge and understanding of the principles of the law of contract, delict and unjustified enrichment; 2. distinguish between contractual and delictual liability; 3. analyse a given set of facts so as to identify the relevant legal issues arising therefrom, explain the relevant law; synthesise case law and statute to reinforce legal points and synthesise different points of law when reaching a reasoned conclusion 4. communicate confidently with legal experts on a range of legal matters 5. update their acquired knowledge in order to keep pace with changes in relevant areas of law 6. identify and retrieve up to date legal information using paper and electronic repositories; use primary and secondary legal sources which are relevant to the topic under study and current at the point of assessment; present knowledge and information using sources to support arguments and conclusions; provide recognised methods of citation and reference. 7. identify accurately and formulate clearly the legal issues to be researched; undertake independent research (both paper-based and electronic) in areas of law which have not been previously studied, using paper and electronic repositories to research new topics without reference to a reading list. PRME Learning Outcome: demonstrate an ability to explore ethical and socially responsible responses to issues arising within the context of the law of obligations. The following text must be included within Teaching and Learning Strategy: GSBS will continue to use the advancement of GCU Learn as a blended learning tool through its teaching and learning as well as through engagement with students. GSBS will ensure that all modules are GCU Learn enabled and with the support of the Learning Technologists at the cutting edge of development of online materials. Academic staff and the Learning Technologists will continue to work together to develop and operate all modules on GCULearn to ensure student support and information sharing. Students are provided with formative and summative feedback via a variety of mechanisms. Feedback on coursework is provided within 3 working weeks of submission.

Indicative Reading

-3 Black, G. Woolman's Introduction to the Scots Law of Contract , 4 th ed., W. Green, 2010 -720 MacQueen and Thomson, Contract Law in Scotland , 3rd ed., Bloomsbury, 2012 Thomson, J. M., Delictual Liability , 4th ed., Bloomsbury, 2009 McManus and Russell, Delict, 2 nd ed., DUP, 2012 Pillans B., Delict, W Green, 2014 -3 Huntley, J.A.K. and others, Contract: Cases and Materials , 2 nd ed., W Green/Sweet & Maxwell, 2004 -720 Little, T., Contract Essentials , 2 nd ed., DUP, 2010 Little, T., Contract Law Essential Cases , DUP, 2012 -720 McBryde, W. The Law of Contract in Scotland , 3rd ed., W. Green, 2007 Cameron, Gordon, Delict (LawBasics), 3 rd ed., W Green, 2008 Thomson J.M. (Ed), Delict , W Green (SULI), 2007 -720 -3 MacQueen H, Unjustified Enrichment , 3rd ed., W Green, 2013 Evans-Jones, R, Unjustified Enrichment. Vol . 1, W. Green, 2003 Thomson, J.M., Scots Private Law , W Green, 2006 -720 Hogg M, Obligations , 2 nd ed., Avizandum, 2006 Gloag and Henderson, Introduction to the Law of Scotland, 12th ed., W. Green, 2007 Macgregor, M., Avizandum Statutes on Scots Law of Obligations , 5 th ed. Avizandum 2011 MacQueen, H., Studying Scots Law , 3rd ed., Tottel, 2004 -567 Online sources: <http://www.scotcourts.gov.uk> <http://www.scotland.gov.uk> <http://www.westlaw.co.uk>

Transferrable Skills

By the end of this module students will have gained competence in the following key areas: Analysis, Synthesis, Critical Judgement and Evaluation The ability to identify issues, assimilate, evaluate and analyse information to construct written or oral solutions to a problem by bringing together and integrating relevant information, and selecting key material, from a variety of different sources. The ability to present arguments for and against propositions, acknowledging ranking of sources and relative impact in context. Such skills are developed within this module through the following activities: -360b7 preparation for, presentation at and participation in researched seminar activity; -360b7 preparation for, presentation at and participation in researched assessment activity including writing b7 essays and other formal exercises; b7 solving well defined ( typically hypothetical) problems through essays, seminars and group work; -360b7 participating in role play exercises Personal Management, Independence and Ability to Learn The ability to organise and prioritise effectively the expenditure of time and effort in the performance of all aspects of student work. The ability to learn effectively and be aware of their own learning strategies; to manage their own learning development and to reflect upon their learning, seeking and making use of feedback. Such skills are developed within this module through the following activities: -360b7 Preparing for lectures -360b7 preparation for, presentation at and participation in seminar activity; b7 preparation for, presentation at and participation in assessment activity including writing essays and other b7 formal exercises; b7 preparation for seminar activity which will require students to identify and access primary and secondary b7 source materials; b7 engagement in assessment activity ensuring deadlines are met; -360b7 interaction with others in group work associated with role play exercises Communication and Literacy The ability to communicate information, ideas, advice and choices in an effective and succinct manner and in plain English without losing focus on key issues. The ability to listen and question effectively, to give and receive feedback and to make presentations addressing an allocated topic within the prescribed time frame. The ability to communicate both orally and in writing (and, where appropriate, by the use of electronic means) using the English language accurately by creating work which is comprehensible to the intended audience. The ability to create documents which are analytical, descriptive and inquisitive using appropriate terminology and recognised methods of citation and reference. Such skills are developed within this module through the following activities: -360b7 writing essays and other formal exercises; b7 contributing in seminars; -360b7 participating in role play exercises requiring communication with clients Numeracy, Information, Technology and Teamwork Where relevant and as the basis for an argument, the ability to present and evaluate information provided in numerical or statistical form. The ability to produce and present in an appropriate form a word-processed essay or other appropriate format. The ability to conduct efficient searches of websites to locate relevant information; and exchange documents by E-mail. The ability to work productively and cooperatively in different kinds of groups; to establish working relations with others, defining, sharing and delegating responsibilities within the group. Such skills are developed within this module through the following activities: -360b7 Submission of word processed assessment material; -360b7 engagement in assessment and seminar tasks requiring retrieval of information using electronic sources; b7 engagement in assessment and directed learning activities requiring use of electronic repositories; b7 communication with module team and group peers via e-mail and electronic learning platform b7 participation in seminar activity; b7 interaction with others in group work associated with role play exercises

Module Structure

Activity Total Hours
Independent Learning (FT) 126.00
Assessment (FT) 20.00
Seminars (FT) 10.00
Lectures (FT) 44.00

Assessment Methods

Component Duration Weighting Threshold Description
Exam (Exams Office) 2.00 60.00 35% TRI B exam period
Course Work 02 n/a 24.00 35% Researched class test, delict, case study (TRI B week 8)
Course Work 01 n/a 16.00 35% Researched class test, formation of contract (TRI A weeks 12-15)