FACULTY OF LAW
The Law of Contract
Course Outline/Content
The Faculty of Law,
University of Malawi,
Chancellor College,
P.O. Box 280,
Zomba,
Malawi.
http://chambo.sdnp.org.mw/ruleoflaw/lawfaculty
Tel: (265) 01 526 380, 524 222
Fax: (265} 01 526 380
E-mail:
[email protected] 1. Programme Bachelor of Laws (Honours)
2. Course Code: LLB 112
3. Course Title: Law of Contract
4. Year: 1
5. Presented To: Senate
6. Presented By: The Faculty of Law
7. Number of Lectures Per Week: 7
8. Number of Tutorials/practical Sessions Per Week 1
9 Method of Assessment: 20% continuous assessment and 80% final
examination
Course Outline
Number of Lectures Per Week: Seven
Number of Tutorials Per Week: One
Total Number of Hours: 112
Law 230: Law of Contract
Course Concept
The law of contract deals with all aspects of contracts whether entered between natural or artificial persons. Contrast
could be made between contract law and certain other branches of law, e.g. criminal law or the Law of Torts. These
two, after a few introductory topics are mostly looking at specific torts or crimes. However, contract law is different in
that it deals with general principles of contracts as opposed to looking at nominate contracts.
Contract law is a course that should be offered as a core course. Basically the most important reason being that in
everyday life, numerous contracts are entered into whether consciously or not. In practice, a lot of cases that a lawyer
handles deal with contracts, e.g., unlawful dismissal cases. Furthermore, lawyers are also the ones most commonly
responsible for drafting contracts especially those concerning land transactions and therefore, it is essential that they
understand the whole concept of rights and duties of parties to a contract. Secondly, contract law ought to be a core
course because it serves as a bedrock of foundational course for the better understanding of other courses related to
commerce e.g. Law or Agency, Sale of Goods, negotiable instruments, employment law, and banking law. Contract
law provides the organizing principles for such courses.
Therefore, contract law is necessary especially in practice being an area of law that affects all individuals that it
requires any practicing lawyer should have an understanding of the subject.
Tentative Topics
1. Sources of the law and Historical Introduction
2. Capacity of Parties
3. Fundamental Principles and limits to freedom of contract
4. Formation of Contract
5. Contents of Contract
6. Types of Contracts
7. Law of Contracts on the International Level
8. Emerging Issues of Contract Law
9. Rights and Duties of Contractual Parties
10. Voidable Contracts: Fraud, Duress, Misinterpretation
11. Illegal and Void Contracts: Public Policy, Statute
12. Privity of Contract
13. Discharge of Contract
14. Remedies
10. Objectives of Study:
By the end of the course students should be able
Trace the development of contract law throughout the centuries
Demonstrate a clear understanding of basic aspects of the law of contracts law, in particular creation of the
contract, breach and termination.
Determine the extent of liabilities rights and duties which arise as a result of contract
Identify different types/classes of contract and any special rules and principles relating to these
Determine the validity of a contract based on factors such as mistake, misrepresentation, duress, illegality
Discuss the law of contract in relation to human rights and gender issues.
Identify emerging issues on the law of contracts
Solve practical problems by applying principles in the law of contract
Identify weak areas in the law of contract and discuss possibilities of reform.
11. Topics Of Study
Sources of the Law of Contracts
Historical Introduction
Fundamental principles and limits to freedom of contract
Capacity of Parties to Contract
Formation of a Contract
Contents of a Contract
To introduce students to all the basic aspects of law relating to contracts, including limits placed by the state on parties
freedom to contract
Types of contract
Law of Contracts on the International Level
Emerging Issues of Contract Law
Mistake
Misrepresentation
Duress and undue influence
Illegal Contracts
Void Contracts
Privity of Contract
Breach of Contract
Discharge of a Contract
Remedies
Quantum meruit Claims
12. Suggested Readings
- Atiyah, The Rise and Fall of Contract
- Cheshire , Fifoot and Furmston Law of Contract, Butterworths
- Chitty on Contracts, London Sweet & Maxwell, 1994
- Smith and Thomas, A Casebook on Contract 11th ed., London Sweet & Maxwell, 2000.
- Stone and Lucas, Law of Contract, Blackstone Press Limited London, 1998.
- Chitty on Contracts, General Principles, London, Sweet & Maxwell 1994.
- Beale, Bishop and Furmston, Contract: Cases and Materials London, Butterworths, 1995.
TOPICS
1. Sources of the Law of Contracts - 1 hour
Specific Objective: By the end of this topic students should be able to identify the sources of the law of contracts and
able to understand how these relate to the substance of the Law of Contracts.
Statutes
Constitution
Case law
Subsidiary legislation
2. Historical Introduction I hour
Specific Objective: By the end of this topic students should be able to demonstrate a clear understanding of the
history to the present law of contract, trace its development throughout the centuries and show an understanding on
how different principles of contract law have emerged.
3. Capacity of Parties to Contract 4 hours
Specific Objective: By the end of this topic students should be able to critically analyse the law relating to capacity of
parties to contract and determine whether these are consonant to human rights and gender issues.
Minors
Persons mentally disordered
Married women
Corporations
Drunkards
4. Formation of a Contract 30 hours
Specific Objective: By the end of this topic students should be able to understand the law relating to formation of a
contract, analyse the essentials necessary for a valid contract, trace the development of the law of contracts in regard
to these elements, identify weak areas and critically discuss the utility of each particular element.
Offer
Acceptance
Consideration
5. Contents of a Contract 15 hours
Specific Objective: By the end of this topic student should be able to identify the substance of any contract and be in a
position to classify terms of a contract and the relative importance of each particular term to the contract. Students
should be able to draft contractual terms.
Terms and Representations
Warranties
Conditions
6. Types of Contract 6 hours
Specific Objective: By the end of this topic students should be able to demonstrate a clear understanding of the
different types of contract that exist and appreciate the nature of each contract, and special rules of formation as well
as other aspects that relate to specific type of contract.
Contract of Employment
Contract that exists between a bank and its customers: Banking Contract
Contract for the Sale of Goods
Hire Purchase Contract
Contract for Agency
7. International Contract Law 6 hours
Specific Objective: To introduce students to the basic principles that regulate the law of contracts on the international
level.
International Agreements
Import and Exports Contracts
E - Commerce
8. Validity of a Contract 28 hours
Specific Objective: By the end of this topic students should be able to identify factors that affect the validity of a
contract, and determine what effect these have on a contract, whether to render it void, voidable or illegal.
Mistake
Misrepresentation
Duress and Undue Influence
Illegal Contracts
Void Contracts
9. Doctrine of Privity of Contract 3 hours
Attempts to avoid the doctrine
10. Termination of a Contract 10 hours
Specific Objective: By the end of this topic students should be able to demonstrate a clear understanding of the
manner in which a contract may validly come to a contract.
Termination by agreement - eodem modo quo oritur, eodem modo quo dissolutur
Termination by Breach
Termination by performance
Termination by operation of the doctrine of frustration
Termination by operation of law
11. Remedies 10 hours
Damages
Specific Performance
Injunction
Rescission
Quantum Merit Claims
