LW241-5-AU-CO:
Consumer Contract Law
2022/23
Essex Law School
Colchester Campus
Autumn
Undergraduate: Level 5
Current
Thursday 06 October 2022
Friday 16 December 2022
15
14 September 2022
Requisites for this module
LW101 and LW108
(none)
(none)
(none)
(none)
This 15 credit module, taught over one term, will build on the general contract law principles taught in Contract Law introducing students to some key legal and policy issues surrounding the regulation of contracts between parties acting in the course of a business and private consumers.
The module begins with discussion of applicability of the general rules of contract law to contracts between such parties; the bifurcation in regulation between such 'business to consumer' (B2C) contracts and 'business to business' (B2B) contracts in recent times; debates as to appropriate underpinning values and principles; and the Europeanisation of B2C contracts.
It then considers: the implied terms and remedies applicable to supply of defective goods, digital content and services (including issues of damages, rejection, repair, replacement, repeat performance, price reduction); and the questions raised by the current reforms to these and other rules (e.g. on information and cancellation rights and unfair commercial practices) by the new Consumer Rights Act and the Consumer Protection (Amendment) Regulations,
The aims of the module are two-fold. The first part aims at explaining key terms on quality, fitness and description in supply of goods and digital contents contracts, remedies (in particular repair, replacement, price reduction and refund) for breach of these terms, terms on service quality and repeat performance and price reduction remedies for breach of these terms. It seeks to help students articulate these concepts, critically appraise them and consider their application to fact situations.
The second part of the module aims at demonstrating the role, potential and limitations of the consumer substantive rights and remedies in Reg.3 of the Consumer Protection Protection (Amendment) Regulations 2014-870. It also aims at highlighting the limitations of the pre-existing contract law rules of misrepresentation, duress and undue influence and the role of administrative enforcement in tackling unfair commercial practices against consumers.
Upon successful completion of the module the students will be able to demonstrate the following:
1. An understanding of the 'place' of B2C (Business to Consumer) contracts in relation to general contract law, unfair commercial practices, consumer private law rights, commercial law, domestic law, supranational law and debates as to values and policy aims
2. An understanding of the key sources of the relevant rules
3. An understanding of the nature/meaning of the relevant rules
4. An ability to apply the relevant rules to hypothetical problem situations
5. An ability to provide clear, well-structured and critical evaluation of the relevant rules
Indicative Syllabus
1. Introduction: consumer contract law, consumer law, commercial and general contract law
2. Terms as to description, quality and fitness in goods and digital contents contracts
3. Remedies for breach of the above (goods/digital contents) terms: rejection, termination, repair, replacement, price reduction
4. Terms as to time, price and quality in services contracts
5. Remedies for the above (services) terms
6. Introduction to consumer private law rights against unfair commercial practices
7. Pre-existing contract law rules against unfair commercial practices prior to the Consumer Protection (Amendment) Regulations 2014/870
8. Substantive Rights and Remedies in the Consumer Protection (Amendment) Regulations 2014/870
9. Limitations of the private law rights provisions in the Consumer Protection (Amendment) Regulations 2014/870
This module will be taught via weekly two-hour lectures and fortnightly one-hour tutorials. The module teaching team will upload all relevant teaching materials on Moodle. You will find reading lists, the textbook, weekly handouts and PPS notes on Moodle. The materials in question are designed both to help you navigate the material to be covered in the lectures and tutorials and to equip you to analyse the required readings. You will be expected to have completed the required readings in advance of your tutorials. Your tutorials will enable you to discuss the material covered in lectures and the required readings, obtain feedback on your pre-class preparation and deepen your understanding of key concepts. To help you prepare in the best possible way for your tutorials, you will be completing regular Multiple-Choice Quizzes on Moodle. The quizzes will be based on the reading set for that week so that the quiz forms part of your preparation for each tutorial. The quizzes will enable you to track your progress, understand what you are doing well, and give you clear feedback to help you manage your studies and your progress.
This module does not appear to have a published bibliography for this year.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
Multiple Choice Questions - Continuous Assessment (LW241 Consumer Contract Law) |
|
20% |
| Coursework |
Essay (LW241 Consumer Contract Law) |
|
80% |
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Prof Christopher Willett, email: cwillett@essex.ac.uk.
Professor Chris Willett, Onyeka Osyji
Law General Office, 01206 872529, lawugadmin@essex.ac.uk
No
No
Yes
Dr Karen Mc Cullagh
University of East Anglia
Lecturer in Law
Available via Moodle
Of 28 hours, 20 (71.4%) hours available to students:
0 hours not recorded due to service coverage or fault;
8 hours not recorded due to opt-out by lecturer(s), module, or event type.
Essex Law School
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