Contract Law (Y/650/4967) Assignment Brief 2026
| Qualification | OTHM Level 4 Diploma in Law (610/1969/0) |
| Unit Reference Number | Y/650/4967 |
| Unit Title | Contract Law |
| Unit Level | 4 |
| Number of Credits | 20 |
| Total Qualification Time (TQT) | 200 hours |
| Guided Learning Hours (GLH) | 100 hours |
| Mandatory / Optional | Mandatory |
| Sector Subject Area (SSA) | 15.5 Law and legal services |
| Unit Grading Type | Pass / Fail |
Unit Aims
The aim of this unit is to provide learners with an understanding of the requirements and formalities of a legally binding agreement. The fundamentals of offer and acceptance will form the basis of the unit, and the learner will understand factors that may defeat the validity of an agreement. The ways in which a contract may be breached will be a focal point of learning, as will potential remedies applicable to various types of contractual breach.
Learning Outcomes, Assessment Criteria and Indicative Content
| Learning Outcomes – The learner will: |
Assessment Criteria – The learner can: |
Indicative content |
| 1. Understand the requirements of a binding agreement. | 1.1 Describe how to make a legally binding offer and acceptance. 1.2 Explain how offer and acceptance may be withdrawn. 1.3 Explain the terms invitation to treat and the intention to create legal relations. 1.4 Analyse the role of consideration in contractual agreements. |
• Identifying parties to a contract • Making an offer • Communicating an offer • Accepting an offer • Communicating acceptance of an offer • The postal rule and exceptions to the rule • Electronic acceptance and the postal rule • Revocation of an offer • Withdrawing acceptance before offeror receipt of acceptance • Difference between invitation to treat and offer • Consideration • Promissory estoppel • Intention to create legal relations • Rebutting the presumption to create legal relations in social/domestic relations • Honour clauses in business relations • Privity of contract |
| 2. Understand the contents of a contract. | 2.1 Define statutory express terms. 2.2 Explain how terms may be implied in common law. 2.3 Evaluate the validity of exclusion clauses. |
• Express terms and methods of incorporation • Terms implied by custom, trade, and usage • Conditions, warranties, and innominate terms • Discharge of remaining contractual duties on breach of terms • Exclusion clauses, limitation clauses and operation of these in business • Common law incorporation of exclusion clauses • Statutory governance of exclusion clauses, Unfair Contract Terms Act 1977, Consumer Rights Act 2015 • Severance of exclusion clauses |
| 3. Understand the factors that may vitiate a contract. | 3.1 Describe various types of contractual mistake and misrepresentation. 3.2 Analyse how lack of capacity, illegality and public policy may void a contract. 3.3 Assess how undue influence and duress may void a contract. |
• Capacity to enter contractual relations • Minors’ contractual capacity and contracts for necessaries • Intoxication and intention to create legal relations • A ‘meeting of the minds’ requirement • Contracts void on the grounds of public policy, including certain pre-nuptial agreements • Statutory illegality • Misrepresentation; fraudulent, innocent, and negligent misrepresentation and consequences • Mistake; common mistake, mutual mistake, unilateral mistake • The effect of mistake on the contract and the remedies available to the innocent party • Duress and undue influence, including in family relations and professional capacity • Frustration of a contract by destruction of subject matter, death of parties, illegality, impossibility of performance in manner agreed |
| 4. Understand how a contract may be breached. | 4.1 Explain various types of contract breach, including anticipatory and repudiation breach. 4.2 Describe the calculation of damages for breach of contract. 4.3 Assess the role of equitable remedies in contractual breach. |
• Breach of contract by one or more parties • Anticipatory breach and repudiation breach • The effect of breach of contract on the remaining contractual duties • Liquidated damages clauses and penalty clauses • Calculation of damages, expectation loss, market value, loss of enjoyment • Equitable remedies; rectification, specific performance, and injunction • Requirements for accessing equitable remedies, including clean hands and laches |
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the standards specified by all assessment criteria.
| Learning Outcomes to be met | Assessment criteria to be covered | Type of assessment | Word count (approx. length) |
| All 1 to 4 | All ACs under LO1 to LO4 | Portfolio of evidence | 3000 words |
Indicative Reading List
- Poole’s Textbook on Contract Law, sixteenth edition, Robert Merkin QC, Severine Saintier, 2023, OUP
- Contract Law, Texts, Cases and Materials, Ewan McKendrick, eleventh edition, May 2024, OUP
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