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Module Descriptors

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Session: 2022/23

Last modified: 30/03/2022 18:58:04

Title of Module: Advanced Law of Obligations

Code: LAWW10017 SCQF Level: 10
(Scottish Credit and Qualifications Framework)		 Credit Points: 20 ECTS: 10
(European Credit Transfer Scheme)
School:School of Business & Creative Industries
Module Co-ordinator:Clive  Mitchell

Summary of Module

This module will explore advanced concepts and contentious issues relating to voluntary and involuntary obligations, the main emphasis being upon the Law of Contract and the Law of Delict.

The syllabus in law of contract will examine the latest developments in the Law of Contract from formation of a contract to breach of contract and termination of contracts. The module will cover different areas selected by the lecturer in each academic year and will involve a critcial appraisal of the currrent state of the law in each particular area as well as an assessment of approaches in other jurisdictions. This may, for example, involve the issues of controlling or restricting liability in contracts, developments in the law relating to error in the Law of Contract and issues of frustration of contract.  

The same approach will be taken in respect of the Law of Delict. The primary focus will be on developments in the law of negligence, including liability for psychiatric injury, though some consideration may also be given to statutory liability, such as occupiers’ liability and liability for animals, and specific delicts, including defamation and verbal injury, nuisance and fraud. Once again, this section will involve a critcial appraisal of the currrent state of the law in each particular area as well as an assessment of approaches in other jurisdictions. This may, for example, involve the issues of causation and scope of liability, pure economic loss, alternatives to a nuisance based approach and developments in the law of confidence.

 

  • This module is developed in accordance with the UWS Graduate Attributes and helps students to develop the range of skills, qualities and abilities which will prepare them for success both outwith university and beyond their period of study at UWS. This module will help the student develop academic skills such as gaining knowledge, being a critical thinker, being analytical, being a problem solver, being digitally literate and being an autonomous learner. The module also helps to develop many of the personal and professional attributes found at https://www.uws.ac.uk/current-students/your-graduate-attributes/


Module Delivery Method
Face-To-FaceBlendedFully OnlineHybridCHybridOWork-based Learning
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Face-To-Face
Term used to describe the traditional classroom environment where the students and the lecturer meet synchronously in the same room for the whole provision.

Blended
A mode of delivery of a module or a programme that involves online and face-to-face delivery of learning, teaching and assessment activities, student support and feedback. A programme may be considered “blended” if it includes a combination of face-to-face, online and blended modules. If an online programme has any compulsory face-to-face and campus elements it must be described as blended with clearly articulated delivery information to manage student expectations

Fully Online
Instruction that is solely delivered by web-based or internet-based technologies. This term is used to describe the previously used terms distance learning and e learning.

HybridC
Online with mandatory face-to-face learning on Campus

HybridO
Online with optional face-to-face learning on Campus

Work-based Learning
Learning activities where the main location for the learning experience is in the workplace.


Campus(es) for Module Delivery
The module will normally be offered on the following campuses / or by Distance/Online Learning: (Provided viable student numbers permit)
Paisley:Ayr:Dumfries:Lanarkshire:London:Distance/Online Learning:Other:
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Term(s) for Module Delivery
(Provided viable student numbers permit).
Term 1check markTerm 2

 

Term 3

 

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Learning Outcomes: (maximum of 5 statements)

On successful completion of this module the student will be able to:

L1. Critically evaluate developments in the Law of Contract

L2. Critically evaluate developments in the Law of Delict

L3. Critically evaluate the reports of relevant court decisions and assess their significance within the law of contract and the law of delict

L4. Make effective use of physical and electronic resources in order to acquire specialist legal information.

Employability Skills and Personal Development Planning (PDP) Skills
SCQF Headings During completion of this module, there will be an opportunity to achieve core skills in:
Knowledge and Understanding (K and U) SCQF Level 10.


Understanding of the ways in which the Law of Obligations has developed.
Understanding issues relating to the Law of Obligations and maintaining the currency of the subject knowledge.
Evaluating the effectiveness of the Law of Obliagtions in relation to its defined purposes.

Practice: Applied Knowledge and Understanding SCQF Level 10.

Interpreting and explaining complex legal concepts.
Retrieving, interpreting and manipulating primary and secondary information from a variety of sources including electronic sources.

Generic Cognitive skills SCQF Level 10.

Giving reasoned opinions, identifying flaws in arguments and discriminating between the legally relevant and irrelevant.
Bringing together information from a variety of sources, including academic research publications.

Communication, ICT and Numeracy Skills SCQF Level 10.

Communicating effectively and appropriately in speech and writing.
Interpreting complex primary materials.
Making effective use of information retrieval systems and use information technology applications to present documents in an appropriate form.

Autonomy, Accountability and Working with others SCQF Level 10.

Working effectively, together with others in groups or teams, taking a leadership role where appropriate.
Systematically identifying and addressing their own learning needs both in current and in new areas, making use of research primary legal source materials as appropriate.

Pre-requisites: Before undertaking this module the student should have undertaken the following:
Module Code:
LAWW07012
LAWW07021
Module Title:
Contract Law *
Delictual Liability
Other:or appropriate modules equivalent to the Contract Law and Delictual Liability modules noted above. The appropriateness of any such modules will be determined by the Module Co-ordinator.
Co-requisitesModule Code:
Module Title:

* Indicates that module descriptor is not published.

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Learning and Teaching
Learning Activities
During completion of this module, the learning activities undertaken to achieve the module learning outcomes are stated below: 		Student Learning Hours
(Normally totalling 200 hours):
(Note: Learning hours include both contact hours and hours spent on other learning activities)
Lecture/Core Content Delivery24
Tutorial/Synchronous Support Activity12
Asynchronous Class Activity30
Independent Study134
200 Hours Total

**Indicative Resources: (eg. Core text, journals, internet access)

The following materials form essential underpinning for the module content and ultimately for the learning outcomes:

Black, G., Woolman on Contract (6th edition, W Green 2018)

Right Hon Lord Eassie and MacQueen, H., Gloag and Henderson: The Law of Scotland (14th edition, W Green 2017)

MacQueen, H., MacQueen and Thomson on Contract Law in Scotland (5th edition, Bloomsbury Professional 2020)

McBryde, W.W., The Law of Contract in Scotland (3rd edition, W Green 2007)

McManus, F. et al., Delict: A Comprehensive Guide to the Law in Scotland (3rd edition, Edinburgh University Press 2021)

Peel, E., Treitel on the Law of Contract (15th edition, Sweet & Maxwell 2020)

Goudkamp, J. & Nolan, D., Winfield and Jolowicz on Tort (20th edition, Sweet & Maxwell 2020)

Pillans, B., Delict: Law & Policy (5th edition, W Green 2014)

Stewart, W.J., A Casebook on Delict, (2nd edition, W Green/Sweet & Maxwell 1997)

Cameron, G., Thomson's Delictual Liability (6th edition, Bloomsbury Professional 2021)

Essential resources, including textbooks, journals and online resources will be identified at the beginning of each delivery in the module handbook and made available via Moodle.

(**N.B. Although reading lists should include current publications, students are advised (particularly for material marked with an asterisk*) to wait until the start of session for confirmation of the most up-to-date material)

Engagement Requirements

In line with the Academic Engagement Procedure, Students are defined as academically engaged if they are regularly engaged with timetabled teaching sessions, course-related learning resources including those in the Library and on the relevant learning platform, and complete assessments and submit these on time. Please refer to the Academic Engagement Procedure at the following link: Academic engagement procedure

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Supplemental Information

Programme BoardAccounting, Finance and Law
Assessment Results (Pass/Fail) No
Subject PanelAccounting, Finance & Law
ModeratorColin McFadyen
External ExaminerChristina Patman
Accreditation Details
Version Number

1.04

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Assessment: (also refer to Assessment Outcomes Grids below)
An essay worth 50% of the overall mark critically evaluating developments in the Law of Contract.
An essay worth 50% of the overall mark critically evaluating developments in the Law of Delict.
(N.B. (i) Assessment Outcomes Grids for the module (one for each component) can be found below which clearly demonstrate how the learning outcomes of the module will be assessed.
(ii) An indicative schedule listing approximate times within the academic calendar when assessment is likely to feature will be provided within the Student Handbook.)

Assessment Outcome Grids (Footnote A.)

Component 1
Assessment Type (Footnote B.) Learning Outcome (1) Learning Outcome (2) Learning Outcome (3) Learning Outcome (4) Weighting (%) of Assessment ElementTimetabled Contact Hours
Essaycheck mark check markcheck mark500

Component 2
Assessment Type (Footnote B.) Learning Outcome (1) Learning Outcome (2) Learning Outcome (3) Learning Outcome (4) Weighting (%) of Assessment ElementTimetabled Contact Hours
Essay check markcheck markcheck mark500
Combined Total For All Components100% 0 hours

Footnotes
A. Referred to within Assessment Section above
B. Identified in the Learning Outcome Section above

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Note(s):
  1. More than one assessment method can be used to assess individual learning outcomes.
  2. Schools are responsible for determining student contact hours. Please refer to University Policy on contact hours (extract contained within section 10 of the Module Descriptor guidance note).
    This will normally be variable across Schools, dependent on Programmes &/or Professional requirements.

Equality and Diversity
The Equality, Diversity and Human Rights policy underpins student engagement. We aim to make UWS a fair and equal place to study an institution which addresses specific issues covering all aspects of equality, diversity and human rights. Where required module assessment will be adapted to meet student requirements.
UWS Equality and Diversity Policy
(N.B. Every effort will be made by the University to accommodate any equality and diversity issues brought to the attention of the School)

2014 University of the West of Scotland

University of the West of Scotland is a Registered Scottish Charity.

Charity number SC002520.

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