Master of Laws in Law of Contracts

Purpose

The primary purpose of this qualification is to provide qualifying learners with the following benefits

• Being equipped intellectually and obtaining an enhanced insight into the legal basis, which informs, influences and circumscribes the interpretation and drafting of contracts.
• Obtaining a high-level competence to master the legal dimensions of the interpretation and drafting of contracts.
• Acquiring and developing advanced research and formulation skills which enable learners to apply the law and principles relating to the interpretation and drafting of contracts in an expert fashion.
• Being enabled to demonstrate analytical and interpretative competencies in the application of the law that provides learners with a deeper understanding of the interpretation and drafting of contracts, against the background of the commercial and social environment.
• Obtaining the ability to compare and evaluate the scientific and applied relevance of legal and non-legal data.
• The acquisition of a capacity for the pursuit of further Postgraduate multi-disciplinary learning and learning in law.
• Enhanced employment opportunities and entrepreneurial skills.

Rationale

The law of contract plays a fundamental part in the world of everyday commerce. The vast majority of obligations that occur in the commercial sphere are contractual. Contracts provide the ultimate source of regulation which enables business people to determine the various relationships in which they are involved. Bad drafting is a major source of interpretational difficulties and disputes that arise in the context of the law of contract, resulting in a severe strain being placed on the administration of justice and millions of Rands being spent on litigation and other dispute resolution procedures. This qualification will benefit society by providing high-level specialists who are able to make a substantial contribution towards the understanding of legal principles underlying the interpretation and drafting of contracts as well as providing quality advice concerning the interpretation and drafting of contracts as a result of the development of advanced competencies.

Recognition of Prior Learning (RPL)

Learners who do not meet the formal entry requirements for the qualification may apply for Recognition of Prior Learning and for admission on the basis thereof. Prior learning can include prior qualifications, other prior formal, informal and non-formal learning as well as relevant work experience. If admission is granted, learners must undertake to comply with all the conditions that may be set with a view to promoting successful studies.

Through Recognition of Prior Learning, a learner may gain access, or advanced placement, or recognition of status on condition that she or he continues her or his studies at this university. Recognition of Prior Learning in the case of learners not complying with the formal entry requirements will be conducted in accordance with the policy and guidelines of the University concerning the recognition of other forms of formal, informal and non-formal learning and experience. For this post-graduate qualification, recognition takes place only where prior learning corresponds to the required NQF-level, and in terms of applied competencies relevant to the content and outcomes of the qualification. Recognition of Prior Learning by the Faculty takes place in terms of an assessment procedure. This procedure includes a motivated recommendation by an assessment panel to the Dean's Committee, which takes the final decision.

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 8 totalling 180 Credits.

1. Identify, analyse, comment on and solve advanced contracts law and associated problems based on a relevant theoretical framework and reflect on the process of problem-solving.
2. Work in a team or group and reflect on and integrate their own participation.
3. Demonstrate an ability for self-study, self-discipline, initiative, independent assessment and ability to write a dissertation or present a seminar.
4. Demonstrate their ability to plan and conduct advanced research, and be capable of giving a scientific account of and apply the knowledge in the area of contracts law that has been gained through literature study.
5. Demonstrate their ability to communicate effectively, both orally and in writing, in the course of practising law at an advanced level, and in the process of undertaking high-level research.
6. Demonstrate their ability to utilise science and technology effectively in the course of the study, research and writing required by the qualification.
7. Demonstrate their ability to comprehend the interrelatedness of the contracts law with other fields and with society in general.
8. Demonstrate their ability to independently and innovatively undertake high-level research and reflective studies.
9. Show a greater awareness and knowledge of societal issues, in particular with regard to the drafting of contracts, thereby enhancing their social responsibility as citizens.
10. Demonstrate a well-developed sensitivity for cultural and aesthetic realities in society.
11. Access advanced employment opportunities, particularly in the areas of the law relating to contracts.
12. Demonstrate the application of entrepreneurial skills in the practice of law at an advanced level, and in the undertaking of high-level research of contracts law.

Associated Assessment Criteria for Exit Level Outcome 1

• Demonstrate, in written or oral form, an ability to identify, analyse and solve high-level problems relating to the interpretation and drafting of contracts.
• Solve relevant legal problems relating to the interpretation and drafting of contracts by skillfully identifying, analysing, and commenting thereon.

Associated Assessment Criteria for Exit Level Outcome 2

• Display an ability to function effectively in and lead a high-level team.
• Demonstrate the ability to participate effectively in debating solutions and approaches to particular legal problems.

Associated Assessment Criteria for Exit Level Outcome 3

• Undertake independent research and writing at an advanced level.
• Analyse related legal problems relating to the interpretation and drafting of contracts and their solutions independently.

Associated Assessment Criteria for Exit Level Outcome 3

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

Associated Assessment Criteria for Exit Level Outcome 5

• Advise clients on the legal implications of and on solutions for particular problems and questions relating to the interpretation and drafting of contracts.
• Write a high-level research report in which problems relating to the interpretation and drafting of contracts are identified, analysed and discussed.

Associated Assessment Criteria for Exit Level Outcome 6

• Utilise written and electronic data in writing a report/assignment and the dissertation.

Associated Assessment Criteria for Exit Level Outcome 7

• Participate in a seminar on the implications of relevant legal information concerning the interpretation and drafting of contracts.
• Report on a coherent approach towards problem-solving and policy-making relating to the interpretation and drafting of contracts.

Associated Assessment Criteria for Exit Level Outcome 8

• Undertake advanced research and write a dissertation on a law topic relating to the interpretation and drafting of contracts.

Associated Assessment Criteria for Exit Level Outcome 9

• Debate the impact on society in general, and on certain interest groups in particular, of related legal provisions and principles relating to the interpretation and drafting of contracts.

Associated Assessment Criteria for Exit Level Outcome 10

• Reveal an ability to distil moral and cultural values underlying related realities in society relating to the interpretation and drafting of contracts.

Associated Assessment Criteria for Exit Level Outcome 11

• Display an awareness as to how the qualification may be utilised to access the labour market.

Associated Assessment Criteria for Exit Level Outcome 12

• Display an ability to develop and maintain a career in law.

Integrated Assessment

The assessment seeks to

• Assess learner performance in order to determine whether learners comply with assessment criteria.
• Encourage and guide the improvement of learner performance.

Assessment is therefore based on the principle of continuous and regular assessment and complete and prompt feedback. Because assessment practices must be open, transparent, fair, valid, reliable and ensure that no learner is disadvantaged in any way whatsoever, an integrated assessment approach is incorporated into the qualification. Both formative and summative assessment processes are accounted for to monitor progress during the programme and to determine competence at the end of the programme.

Formative (continuous) assessment practices that will be implemented

• Formative assessment is aimed at the development of a life-long learning culture based on continuous self-study. More particularly, in this qualification, formative assessment aims at the preparation of learners for writing an examination of each module and for writing a quality dissertation. Formative assessment is conducted by class discussions, seminars, assignments, and the writing of the dissertation. Discussion of assignment and examination results and questions and other forms of feedback are an integral and critical part of the assessment.
• Regular meetings between the learners and their study leaders take place during which all aspects pertaining to the preparation for and drafting of the research dissertation or the high-level knowledge of relevant topics dealt with in the course of the qualification, and of the research topic gained from the research into the topic and from the scholarly writing thereon. The purpose is to demonstrate a reflective and scholarly understanding of contracts law and the research topic. In conjunction with formative assessment, summative assessment determines whether the learner is awarded the qualification. In the summative assessment, the four modular examinations and the final dissertation is submitted to and are examined by not less than two examiners. The qualification is obtained if the learner passes all four modular examinations and the dissertation.
• As a further demonstration of the learner's ability in this regard, the learner may be required to submit an article based on the dissertation which may, at the discretion of the study leader, be submitted for publication in a law journal under the name of the learner or the names of both the learner and the study leader.

Summative (final) assessment practices

Integrated assessment, focusing on the achievement of the Exit-Level Outcomes, will be done employing

• Both in the examinations at the end of each module and in the minor dissertation, learners are assessed on their ability to integrate prior knowledge gained in preceding studies with a deeper, high-level knowledge of relevant topics dealt with in the course of the qualification, and of the research topic gained from the research into the topic and from the scholarly writing thereon. The purpose is to demonstrate a reflective and scholarly understanding of the interpretation and drafting of contracts and the research topic. In conjunction with formative assessment, summative assessment determines whether the learner is awarded the qualification. In the summative assessment, the four modular examinations and the final dissertation are submitted to and are examined by not less than two examiners. The qualification is obtained if the learner passes all four modular examinations as well as the dissertation.
• As a further demonstration of the learner's ability in this regard, the learner may be required to submit an article based on the dissertation which may, at the discretion of the study leader, be submitted for publication in a law journal under the name of the learner or the names of both the learner and the study leader.