London School of Economics and Political Science (LSE)

Modules

122
Introduction to the common law

Introduction to the English Legal System. The court structure and the legal profession in England and Wales. Judge-made law and the doctrine of precedent. Statutes and statutory interpretation.

The making of contracts. Offer and acceptance. Consideration. Certainty of agreement. Intention to create legal relations. [Note: Questions will not be set on requirements as to the form of contracts.]

The contents of a contract. Conditions, warranties and intermediate terms. Exemption clauses. Implied terms at common law. Collateral contracts. Statutory implied terms as to the quality of goods sold and goods or services supplied.

Performance and breach of contract. Substantial performance. Repudiation and anticipatory breach. Discharge by breach. Discharge under the doctrine of frustration.

Remedies for breach of contract. General principles governing the assessment of damages. Remoteness of damage. Damages for non-financial loss. Mitigation. Liquidated damages and penalties. Specific performance.

Basic structure of the law of tort. The scope and functions of the law of tort; the bases of liability; the interests protected by the law of tort.

Negligence. The basic concepts of duty, breach, causation and remoteness of damage with reference to physical and economic injury. Negligent mis-statements.

The subject will also take account of the relevant European Union legislation on the above topics and how this is applied to the United Kingdom.