Master of Laws in Contract Law

Purpose

The purpose of the Master of Laws in Contract Law is to provide learners with an opportunity to acquire and demonstrate specialised knowledge of the theoretical and foundational aspects of Contract Law and related sub-fields and to demonstrate their practical knowledge in Contract Law and related sub-fields by applying research findings. The Master of Laws in Contract Law will educate and train learners for advanced and specialised professional employment. The qualification will also equip learners with a basis for further research and development.

The qualification will produce competent, skilled, and professional learners, equipped with advanced knowledge, and understanding of the relevant legal principles. It furthermore provides the necessary preparation for doctoral study and develops research and professional capacity in the discipline.

The qualification aims to promote the development of knowledge and professional skills that are required in all sub-sectors of the field of Contract Law. Additionally, it seeks to promote learners with the knowledge and appreciation of the relevant values and principles enshrined in the Constitution of the Republic of South Africa, 1996. The qualification also aims to equip learners with a critical understanding of theories, concepts, perspectives, methodologies, and procedures of Contract Law and its subdisciplines. While aiming to provide opportunities for upward mobility and between the different sectors in which Contract Law is applied.

Upon completion of this qualification, qualifying learners will be able to

• Identify, analyse, comment on, and solve advanced Contract Law and associated problems based on a relevant theoretical framework and reflect on the process of problem-solving.
• Plan and conduct advanced research by providing a scientific account of and applying the knowledge in Contract Law that has been gained through literature study.
• Communicate effectively orally and in writing in the course of practising law at an advanced level, and in the process of undertaking high-level research.
• Incorporate other subject fields to demonstrate insight into the interrelatedness of Contract Law with other subject fields.
• Integrate societal issues, specifically with regard to the drafting of contracts, to demonstrate social responsibility.

Rationale

The Master of Laws in Contract Law will deliver specialists in Contract Law who have both the theoretical knowledge and practical skills to translate into competent performance in the workplace. Contract Law forms the basis of several sub-fields of the law and business. The Bachelor of Laws does not fully equip learners to practice with expertise and professional knowledge. The Master of Laws in Contract Law therefore fills the gap by educating and training learners in Contract Law on an advanced level to enhance their professional employment.

The Master of Laws in Contract Law degree is aimed at producing competent, skilled and dynamic legal learners, equipped with advanced knowledge and understanding of the relevant legal principles. It furthermore provides the foundation for doctoral studies and develops research capacity in the discipline.

Learners with this qualification may become legal advisors, legal researchers, attorneys, advocates, magistrates, judges or academics. Learners will also be able to take up posts in the commercial environment as legal advisors, contract managers and in-house legal counsel.

The qualification has building blocks that can be developed further and will lead to a specialised career path at doctoral level.

The aim of the Master of Laws in Contract Law is to provide learners with an opportunity to demonstrate their specialised knowledge of the theoretical and foundational aspects of Contract Law and related sub-fields and to demonstrate their practical knowledge in Contract Law and related sub-fields by applying research and practical skills. The Master of Laws in Contract Law will educate and train learners for advanced and specialised professional employment. The qualification will also equip learners with a basis for further research and development.

Investing in education is critical to economic and social development in Africa, especially in providing its people with greater opportunities for personal and collective advancement. The Strategic Plan 2020-2025 of the Department of Higher Education and Training is very clear with regard to the importance of training effective role-players in all fields, especially with the view of addressing the imbalances of the past. The following are direct quotes from the document.

The NDP [National Development Plan 2030] is a long-term vision for the country, which provides a broad strategic framework to guide key government choices and actions, and focuses on the critical capabilities needed to transform the economy and society. It regards education, training and innovation as central to South Africa's long-term development. Chapter 9 of the NDP focuses on improving education, training and innovation. The PSET system is expected to meet a wide range of education and training needs of our nation, particularly the youth.

There is a clearly defined goal to develop learners on a national level for advanced and/or professional practice or into a wide range of other careers, which require the application of Contract Law and its subfields. The qualification focuses especially on national needs and, in line with our mission statement, specifically on the need for quality, accessible, and recognised education in the field of law.

The curriculum team was led by an experienced professor in business law at Unisa. The curriculum was compiled with the input of two industry professionals (advocates). The institution consulted with experienced law professionals in public higher education and externally. The institution has also consulted with an experienced lecturer at Unisa. The curriculum, teaching and assessment approach was evaluated by an experienced law professor at the University of Pretoria. Finally, critical reader input was obtained from an emeritus research professor in law formerly from Unisa.

Recognition of Prior Learning (RPL)

Applicants who do not meet the stated admission criteria, but who have relevant work experience or prior learning may apply for admission under the policy on Recognition of Prior Learning (RPL). The qualification admits a maximum of 10% per cohort via RPL. The implementation of RPL is context-specific, in terms of discipline, qualification and level. Procedures and forms are available from the School Administration.

In specified circumstances, qualifying applicants may also engage in the RPL for exemption process, where any form of informal, formal or non-formal learning will be assessed for relevance towards possible module exemption.

Entry Requirements

The minimum entry requirement for this qualification is

• Bachelor of Laws, NQF Level 8.

This qualification consists of the following compulsory modules at National Qualifications Framework Level 9, totalling 180 Credits.

Compulsory Modules at Level 9, 180 Credits.

• Advanced Contract Law, 30 Credits.
• Compulsory, 30 Credits.
• Consumer Protection Law, 30 Credits.
• Law of Sale and Lease, 30 Credits.
• Interpretation and Drafting of Contracts, 30 Credits
• Dissertation, 60 Credits.

1. Identify, analyse, comment on, and solve advanced Contract Law and associated problems based on a relevant theoretical framework and reflect on the process of problem-solving.
2. Plan and conduct advanced research by providing a scientific account of and applying the knowledge in Contract Law that has been gained through literature study.
3. Communicate effectively orally and in writing in the course of practicing law at an advanced level, and in the process of undertaking high-level research.
4. Incorporate other subject fields to demonstrate insight into the interrelatedness of Contract Law with other subject fields.
5. Integrate societal issues, specifically with regard to the drafting of contracts, to demonstrate social responsibility.

Associated Assessment Criteria for Exit Level Outcome 1

• Analyse and critically evaluate current issues advanced Contract Law and associated problems.
• Solve relevant legal problems relating to Contract Law and its related subfields.
• Identify, analyse and solve high-level problems relating to Contract Law and its related subfields.

Associated Assessment Criteria for Exit Level Outcome 2

• Identify problem areas and develop a clear argument by means of analysis and interpretation.
• Define a particular related topic, arrange the subject matter coherently, accurately, and succinctly reflect, formulate, and interpret scholarly opinion on the topic.
• Display an ability to conduct a high-level research task successfully.

Associated Assessment Criteria for Exit Level Outcome 3

• Advise a client on the legal implications of and on solutions for particular problems and questions relating to Contract Law.
• Write or present a dissertation in which problems relating to Contract Law are identified, analysed and discussed.
• Articulate clearly and coherently explanations of own position through written and oral communication.

Associated Assessment Criteria for Exit Level Outcome 4

• Display the ability to formulate and interpret scholarly opinion on the interrelatedness of Contract Law, its subfields and other fields.
• Solve problems, scrutinise policy and policymaking and draft and/or interpret contracts.

Associated Assessment Criteria for Exit Level Outcome 5

• Identify and appreciate the importance of pertinent public interest goals and integrate societal issues, specifically with regard to the drafting of contracts, to demonstrate social responsibility.
• Debate the impact on society in general, and on certain interest groups, of related legal provisions and principles relating to Contract Law.
• Debate the impact on society in general, and on certain interest groups in particular, of related legal provisions and principles relating to interpretation and drafting of contracts.

INTEGRATED ASSESSMENT

The institutional assessment model makes use of formal and non-formal, formative and summative assessment tasks to assess learners' progress and their achievements on the modules in a qualification. The results of non-formal formative assessment tasks are not recorded formally, but these tasks are applied mainly to provide feedback to the learners and to enhance teaching. The results of formal assessment tasks are recorded towards achievement of success on the module. Modules may make use of a final summative approach, or a continuous assessment approach.

An assessment strategy is drafted for each module by the Module Coordinator, in consultation with the Discipline Leader. The nature of the subject matter informs the combination of assessment tasks and their allotted weightings.

The assessment strategy is contained in the Assessment Guideline document which is made available to learners on the first day of the semester/year.

Formative Assessment

In the course of a semester, learners will participate in formative assessment in which a learner's progress in the substantive modules will be assessed (the knowledge required for the research task module will automatically be covered in the formative assessments of the substantive modules). After having finalised the formative assessments of the substantive modules during a semester, learners will in the formative assessment of the research task modules orally present the research methodology applied and the research outlines for the research tasks. Learners will receive personal guidance and feedback from the lecturer.

Formal formative assessment includes a range of different assessment activities, such as

• Online tests
• Assignments
• Presentations or projects.

The formative assessment of the research task modules consists of an oral presentation of the research methodology applied and the research outlines learners drafted for the research tasks. Learners will receive personal guidance and feedback from the lecturer on the presentation and the contents of the research outlines.

Summative Assessment

The summative assessments of the substantive modules will be scheduled during the semester examination periods in May/June or October/November. The knowledge obtained in preparation for the summative assessments of the substantive modules will be applied in the finalisation of the summative assessments of the research tasks (a research report / a legal opinion/contract).