LAW OF OBLIGATIONS

SHE Level 1
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M1M125629
Module Leader Naveed Kayani
School Glasgow School for Business and Society
Subject Law
Trimester
  • B (January 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

-360 The law of obligations b7 the distinction between obligations voluntarily undertaken and those imposed by law; b7 the distinction between unilateral and bilateral obligations; The law of contract b7 formation of valid contracts; b7 regulation of contractual terms; b7 termination of contractual obligations and remedies for breach of contract The law of delict b7 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 b7 an introduction to legal sources: electronic and paper b7 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 matters5. update their acquired knowledge in order to keep pace with changes in relevant areas of law6. 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

The module will be delivered over one trimester. Students will attend three hours of lectures per week and one seminar hour per fortnight in trimester A. The structured programme of learning undertaken will encourage active, student-centred learning by requiring students to access and analyse a variety of primary and secondary source material in order to address and solve set questions and case studies. During seminars, students variously may work in groups, present material to the class and participate in role play exercises. Internationalisation: The delivery of this module will set Scots, UK and EU law as appropriate in an international context. Feedback will be provided to students as follows: Students will be provided with feedback within three weeks of submission of all summative assessments providing information on strengths, weaknesses and suggestions for corrective action to be applied in future submissions. The tutor will also provide generic feedback at the seminars where coursework will be handed back. Students may also discuss any points with their lecturer or tutor. The virtual learning environment site will be used to feedback overall performance by students on all summative assessments highlighting overall strengths and weaknesses. Discussion boards will be used to encourage teacher and peer-to-peer dialogue on certain topic areas where this form of communication would be regarded as effective. Student feedback on teaching, learning and assessment will be sought at the end of the semester through a module evaluation questionnaire. 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.

Indicative Reading

Black, G. Woolman, Woolman and Black on Contract, 6th ed., W. Green, 2018 MacQueen and Thomson, Contract Law in Scotland, 4th ed., Bloomsbury, 2016 Thomson, J. M., Delictual Liability, 4th ed., Bloomsbury, 2009 McManus and Russell, Delict, 2nd ed., DUP, 2012 Pillans B., Delict, W Green, 2014 Little, T., Contract Law Essential Cases, DUP, 2012 McBryd,The Law of Contract in Scotland, 3rd ed., W. Green, 2007 Cameron, Gordon, Delict (Scottish Law), W Green, 2018 Thomson J.M. (Ed), Delict, W Green (SULI), 2007 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 Hogg M, Obligations, 2nd ed., Avizandum, 2006 Gloag A, Gloag and Henderson, Introduction to the Law of Scotland, 14th ed., W. Green, 2017 Macgregor, M., Avizandum Statutes on Scots Law of Obligations, 8th ed. Avizandum 2017 Dewart, M., MacQueen, H., Studying Scots Law, 5th ed., Bloomsbury, 2016 Atiyah, The Damages Lottery, Hart Publishing, 1997 Brazier & Cave, Medicine, Patients and the Law, Manchester University Press, 6th ed, 2016 Conway, Personal Injury Practice in the Sheriff Court, W Green, 3rd ed, 2011 Cane, Key Ideas in Law; Tort Law, Hart Publishing, 2017 Dugdale Jones & Simpson, Clerk & Lindsell on Torts, Sweet & Maxwell, 22nd ed, 2017 (available via Westlaw) Elliot and Quinn, Tort Law, Pearson, 11th ed, 2017 Fenwick & Philipson, Media Freedom Under the Human Rights Act, OUP, 2006 Hepple et al, Hepple & Matthews' Tort Law: Cases & Materials, OUP, 7th ed, 2015 Howarth, Tort Law, Hart, 2nd ed, 2012 Horsey and Rackley, Tort Law, OUP, 5th ed, 2017 Johnston, Prescription and Limitation, W Green, 2nd ed, 2012 Kenyon et al, New Dimensions in Privacy Law: International and Comparative Perspectives, CUP, 2010 Lunney & Oliphant, Tort Law, Text & Materials, OUP, 6th ed, 2017 Markesinis & Deakin's Tort Law, OUP, 7th ed, 2012 Laurie et al, Mason & McCall Smith's Law & Medical Ethics, OUP, 10th ed, 2016 Moreham & Warby, Tugendhat & Christie: The Law of Privacy & The Media, OUP 2016 Mulheron, Principles of Tort Law, CUP , 2016 Neyers, Chamberlain & Pitel, Emerging Issues in Tort Law, Hart, 2007 Reid, Confidentiality, Personality & Privacy in Scots Law, W Green, 2010 Peel and Goudchamp, Winfield & Jolowicz on Tort, Sweet & Maxwell, 19th ed, 2014 Rozenberg, Privacy and The Press, OUP, 2005 Russell, Prescription and Limitation of Actions, W Green, 7th ed, 2015 Stanton et al, Statutory Torts, Sweet & Maxwell, 2003 Steele, Tort Law, Text, Cases & Materials, OUP, 2017 Stewart (ed), Greens Reparation Bulletin, W Green Stewart, Casebook on Delict, W Green, 2nd ed, 1997 Thomson (ed), Delict, SULI, W Green, Edinburgh, 2007 White & Fletcher, Delictual Damages, Tottel, 2000 Van Gerven, Tort Law: Casebooks for the Common Law of Europe, Hart Publishing, 2001 Whitty & Zimmerman (eds), Rights of Personality in Scots Law, DUP, 2009 Online sources: <http://www.scotcourts.gov.uk> <http://www.scotland.gov.uk> <https://www.westlaw.co.uk> < https://www.scotlawcom.gov.uk> -3

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: b7 preparation for, presentation at and participation in researched seminar activity; b7 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; b7 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: b7 Preparing for lectures b7 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; b7 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: b7 writing essays and other formal exercises; b7 contributing in seminars; b7 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: b7 Submission of word processed assessment material; b7 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
Seminars (FT) 12.00
Lectures (FT) 36.00
Independent Learning (FT) 122.00
Assessment (FT) 30.00

Assessment Methods

Component Duration Weighting Threshold Description
Exam (Exams Office) 2.00 60.00 35% Final exam TRI A exam period
Course Work 01 n/a 40.00 35% Researched class test on formation of contract & Delict