Law of Contract


This module offers an introduction to Scots law of contract and unjust enrichment.


Not specified

Learning Outcomes

By the end of this module the student should be able to:

1.  Understand and describe the legal nature of contract and unjustified enrichment

2.  Understand and describe the legal principles governing formation and terms of contractual obligations, contractual capacity, and error and misrepresentation in contract

3.  Apply principles of unjust enrichment and voluntary obligations in the context of devising solutions to problems

4.  Identify and explain the legal remedies available in the context of legal obligations

5.  Identify state and apply legal principles, and demonstrate skills of oral and written communication and legal reasoning

Indicative Content

1 Nature & Formation of Contract & other voluntary obligations

Contract: offer & acceptance, willingness to negotiate, gratuitous obligations (contrasted with promises). Special Types of Contract (formation): Requirements of Writing (S) Act 1995.

2 Matters Affecting Validity of Contracts

Capacity, facility and circumvention. Undue influence, force & fear, extortion; error & misrepresentation, express & implied terms, Contract (S) Act 1997, unfair contract terms, illegality, and restrictive covenants.

3 Breach of Contract & Remedies,

Termination of Contract Breach: anticipatory breach, materiality of breach, rescission, retention and lien, specific implement, interdict, damages. Termination: performance, acceptilation, novation, delegation, confusion, compensation, prescription, frustration, impossibility.

4 Principles of Unjust Enrichment

Repetition, Recompense, Set-off, Quantum meruit, Quantum lucratus, the Condictiones, Negotiorum gestio.

5 EU Contract Law

Addressing the interaction between Scots contract law and the influence of EU initiatives such as Draft Common Frame of Reference and the Scottish Law Commission review of contract law

Statement on Teaching, Learning and Assessment

This module is delivered through interactive lectorials and tutorials, where students shall participate in the learning experience. Lectorials are delivered via a mixture of traditional lectures and more active class-based activities, such as group-based problem solving exercises. The week 7 activity will provide feedforward on the coursework. .

Teaching and Learning Work Loads

Total 200
Lecture 26
Tutorial/Seminar 13
Supervised Practical Activity 0
Unsupervised Practical Activity 0
Assessment 40
Independent 121

Guidance notes

Credit Value – The total value of SCQF credits for the module. 20 credits are the equivalent of 10 ECTS credits. A full-time student should normally register for 60 SCQF credits per semester.


We make every effort to ensure that the information on our website is accurate but it is possible that some changes may occur prior to the academic year of entry. The modules listed in this catalogue are offered subject to availability during academic year 2019/10 , and may be subject to change for future years.