This module offers an introduction to Scots law of contract and unjustified enrichment.
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
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 (Scotland ) 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.
4 Principles of Unjust Enrichment
Repetition, Recompense, Set-off, Quantum meruit, Quantum lucratus, the Condictiones, Negotiorum gestio.