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.
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