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MODULE 1 – Laws of Obligations and Civil Evidence
Overall aim
To provide a robust understanding and appreciation of the key, relevant aspects of the local jurisdiction’s legal system and approach to obligations and evidence that influence, shape or otherwise have a bearing on how disputes may be treated and resolved according to law.
Key learning objectives
On successful completion of this module participants will be able to:
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a) |
Describe and explain the principles of law contained in the syllabus below, including: |
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- the nature, rights and responsibilities of parties between whom civil or commercial obligations can arise;
- the nature and significance of the different types of obligations between civil and/or commercial parties;
- the forms, range and limitations of the different types of contracts and their application and performance;
- the forms, range, limitations and legal consequences of extra-contractual obligations between civil and/or commercial parties;
o recognising the potential overlap between contractual and extra-contractual claims and remedies; and
- how to deal with the several types of acceptable evidence in civil and commercial disputes, in litigation in court and in alternative methods of dispute resolution, including statutory adjudication, arbitration, mediation and conciliation.
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b) |
Appreciate the significance of and apply these principles when dealing with and seeking resolution of a dispute by alternative methods to litigation in court. |
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c) |
Appreciate how to refer to, analyse, use and express legal ideas, case decisions, and arguments in the course of considering and resolving a dispute. |
Syllabus
The relevant legal system (that is, the following features that affect the other headings) |
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Nature of law and its place in society
Sources of law (codes, decrees, statutes; case decisions)
Enforcement & administration, including key court procedures
Capacity, rights and duties of legal persons (individuals, corporations)
Relevance to civil & commercial matters |
Obligations |
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Contractual |
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Contract types (formal, informal, oral; dependent on party status)
Formation and contents
Juridical relationship (privity)
Offer and acceptance
Consent and certainty
Effects and liabilities
Performance (discharge)
Non-performance (breach)
Remedies for non-performance
Illegal contracts
Undue influence and duress
Fraud
Error (mistake)
Representation (agency) |
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Quasi-contract (obligations created by law in the absence of party agreement)
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Unjust enrichment |
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Extra-contractual (tort / delict)
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Liability (unlawfulness, fault, damage, causal connexion)
Defences to liability
Intentional and unintentional (quasi-delict)
Negligence; standards and duty of care
Intrusion and interference (trespass and nuisance)
Remedies |
Evidence |
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Types (physical, documents, oral)
Competence (legal fitness of a witness to give testimony)
Admissibility (whether a tribunal is bound to receive the evidence)
Relevance (probative value related to the matter in question)
Weight (balance or preponderance of evidence)
Proof (standards and burden)
Testimony (evidence given by a competent witness under oath or affirmation)
Witnesses (factual and opinion) |
Contact the Institute’s Education Department for advice on adapting the syllabus to a specific jurisdiction.
Assessment
This module is to be assessed in three elements with an assignment in each and a final written examination, typically in two papers as:
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Contractual obligations – assignment (10% of overall mark) + 2½-hour open-book examination paper (40% of overall mark); and |
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Extra-contractual obligations & Evidence – 2 assignments (5% of overall mark each) + 2½-hour examination paper (respectively 25% and 15% of overall mark). |
The pass mark is 55% which must be achieved in the examination papers AND overall for each of the three elements (Contractual obligations; Extra-contractual obligations; and Evidence).
Delivery and completion of module
This Course is suitable for completion over a period of six months.
It is best delivered by a combination of guided reading and a number of face-to-face tutorials (important to help participants become comfortable with applying legal concepts, cases and principles). At least three tutorials at regular intervals are recommended.
Study Time
Typically, the total recommended study time for this Module is 73 hours excluding time taken in answering Assignments. This is scheduled into studying individual sections of the recommended texts and Course Notes [40 hours], followed by practice Assignments, with periods of revision [15 hours] before each of the three 6-hour Tutorials. Each holding of this Module has its own Programme schedule showing the dates for each part and with these recommended times detailed.
Entry qualifications
This Course is intended for individuals who have not necessarily studied law previously and who wish to gain a firm understanding of all the key elements of obligations and evidential law that affect matters in civil and commercial disputes. The Course is suitable both for individuals who wish to go on to become qualified arbitrators or adjudicators and those with a more general interest in dispute resolution.
The Course will be valuable for anyone wishing to understand and apply legal principles to a situation under dispute, including mediators, or distil the reasoning underlying a court’s decision.
The level of knowledge developed by the Course is roughly equivalent to those elements of a first degree law at university relevant to alternative dispute resolution processes. Participants are not required to be graduates to undertake this Course but they should be able and confident to deal with concepts at this level.
Membership
Before commencing this Course, participants are expected to be registered with the Institute as Associate members.
Successful completion of this module contributes towards eligibility in adjudication or arbitration towards Member status.
See separate information for further details about routes to membership.
Essential Reading
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For example:
(England & Wales) |
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1. |
Elliott, C and Quinn, F (2005), Contract Law, Pearson Education. |
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Elliot, C and Quinn, F (2005), Tort Law, Pearson Education |
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3. |
Hannibal M & Mountford L, Evidence (2002), Longman |
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Core cases selected by the Course director. |
Further Reading
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For example:
(England & Wales) |
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1. |
Law of Contract (11Rev edition 24 July 2003) – Treitel |
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2. |
Tort (16Rev edition 27 June 2002) – Winfield & Jolowicz |
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3. |
Phipson on Evidence (16Rev edition 16 September 2005) |
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