- •Introduction
- •Lecture course lecture 1. An Introduction to Contract Law
- •1. Historical background
- •2. The subject matter of Contract Law
- •3. The difference between Contract, Tort and Restitution
- •Lecture 2. Forming the Agreement (4 hrs)
- •Lecture 3. Intention to Create Legal Relations (2 hrs)
- •Lecture 4. Capacity (2 hrs)
- •Intoxication.
- •Lecture 6. Remedies (2 hrs)
- •Seminar programme
- •Review seminar questions
- •List of recommended sources
- •List of statutes
- •List of internet sources
- •Glossary
- •Chapter 1 - General Provisions
- •Chapter 2 - Terms and Performance of the Contract
- •Civil Procedure Act 1997
- •74APractice directions.
- •Interpretation.
- •The Civil Procedure Rules 1998
- •Interpretation
- •Limitation Act 1980
- •1.Time limits under Part I subject to extension or exclusion under Part II
- •5.Time limit for actions founded on simple contract
- •6.Special time limit for actions in respect of certain loans
- •15.Time limit for actions to recover land
- •16.Time limit for redemption actions
- •17.Extinction of title to land after expiration of time limit
- •18.Settled land and land held on trust
- •19.Time limit for actions to recover rent
- •20.Time limit for actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land
- •Damages Act 1996
- •1. Assumed rate of return on investment of damages
- •2. Consent orders for periodical payments
- •3. Provisional damages and fatal accident claims
- •4. Enhanced protection for structured settlement annuitants
- •5. Meaning of structured settlement
- •6. Guarantees for public sector settlements
- •7. Interpretation
- •8. Short title, extent and commencement
- •Schedule Guarantees by Northern Ireland departments for public sector settlements
- •Content
- •Introduction……………………………………………………………
- •1 See, for example: “Robinson V hm Customs & Excise” in book: Richard Stone. The Modern Law of Contract: Seventh Edition. – p. 175.
- •1 See: Bob Hepple. Social and labour rights in a global context: international and comparative. – Cambridge University Press. – Cambridge. – 2002. – p. 23.
Seminar programme
Theme 1. Forming the Agreement (4 hrs)
Deeds and other formalities
General lack of formal requirement
The external signs of agreement
Offer
Self-service displays
Shop window displays
Advertisements
Unilateral and bilateral contracts
Acceptance. Methods of acceptance
Acceptance by conduct
Acceptance by silence
Acceptance in bilateral contracts
Inertia selling
Acceptance by post
Acceptance in Internet transactions
Acceptance in unilateral contracts. Unilateral contracts and ‘agreement’
Position in ‘reward’ contracts
Acceptance in ignorance of an offer
Sources:
Adams J. and Brownsword R. Contract, Consideration and the critical path. – London, 1990.
Jill Poole. Textbook on Contract Law. – 7th edition. – Bristol, 2005.
Richard Stone. The modern Law of Contract. – 6th edition. – London, 2005.
Frances Quinn and Catherine Elliott. Contract Law. – Oxford, 2005.
Keywords: deed, agreement, offer, acceptance, invitation to treat, promisor objectivity, promisee objectivity, bilateral contract, unilateral contract, inertia selling.
Questions:
What are the contracts where a deed is required?
What are the methods of acceptance in Ukraine?
Which difficulties arise in connection with acceptance in unilateral contracts?
Documents to be analised:
Law of Property (Miscellaneous Provisions) Act 1989
Directive on Electronic Commerce 2002
Restriction of Offensive Weapons Act 1959
Unsolicited Goods and Services Act 1971
Consumer Protection (Distance Selling) Regulations 2000
Electronic Commerce (EC Directive) Regulations 2002
Case Brogden v Metropolitan Railway (1877)
Case Felthouse v Bindley (1862)
Case Adams v Lindsell (1818)
Topics for essays:
The essential elements of a valid contract
Distinction of an Offer from “Invitation to Treat”
The rules of consideration
Offer and acceptance in Internet Transactions
Theme 2. Intention to Create Legal Relations (2 hrs)
Domestic agreements
Commercial agreements
Collective agreements
Is a requirement of intention necessary?
Sources:
Eisenberg MA. Relational contracts. – Oxford, 1998.
McNeil IR. Relational contract theory: challenges and queries. – Northwestern, 2000.
Treitel GH. The Law of Contract. – 11th. – London, 2003.
Keywords: intention to create legal relations, legally binding relations, domestic agreements, commercial agreements, collective agreements, “ex gratia”, presumption of legal binding agreement, “honour clause”.
Questions:
What’s the difference between domestic and commercial contracts made between relatives (friends)?
What is an “objective” approach for the test of the parties’ intentions to create a legally binding relationship?
What is a difference between preliminary contract and contract with “honour clause”.
Documents to be analised:
Principles of European Contract Law 1995
Trade Union and Labour Relations (Consolidation) Act 1992
Case Balfour v Balfour (1919)
Case Merritt v Merritt (1970)
Case Parker v Clark (1960)
Case Robinson v HM Customs & Excise (2000)
Topics for essays:
Intention to create legal relations in Ukrainian Civil Legislation.
The ways of rebutting the presumption of legal binding in commercial agreements.
Separation of agreement from consideration.
Theme 3. Capacity (2 hrs)
Reasons for limitations on capacity
Minors’ contracts
Contracts for necessaries
Beneficial contracts of service
Contracts related to work
Effects of entering into a contract with a minor
Void contracts
Voidable contracts
Enforceable contracts
Minors’ liability in tort
Mental disability
Intoxication
Sources:
Richard Stone. The modern Law of Contract. – 6th edition. – London, 2005.
Collins H. The Law of contract. – 4th edition. – London, 2003.
Keywords: capacity, lack of capacity, minors, mental disability, intoxication, void contract, voidable contract, contracts for ‘necessaries’, beneficial contracts of service, disadvantage, reasonable price.
Questions:
What should do adult party who is unaware that the other contracting party is a minor?
What is the difference between the goods or services of a kind which can be put in the category of ‘necessaries’ and ‘mere luxury’?
What are the degrees of mental disability?
Documents to be analised:
Employers’ Liability Act 1880
Law of property Act 1925
Minors’ Contracts Act (MCA) 1987
Mental Capacity Act 2005
Sale of Goods Act (SGA) 1979
Case Chappie v Cooper (1844)
Case Chaplin v Leslie Frewin (1966)
Case Edwards v Carter (1893)
Case Mercantile Union Guarantee v Ball (1937)
Topics for essays:
The consequences of contracting with legally incapable (incapacitated) person.
Types of incapacity under Civil Code of Ukraine
The consequences of void and voidable contracts in Contract Law of GB and Ukraine.
Theme 4. The Contents of the Contract (4 hrs)
Distinction between representations and terms
Remedies for pre-contractual statements
Pre-contractual statements under the Principles of European Contract Law
The actions for Misrepresentation
The actions for breach of a Collateral contract
The actions for the tort of Negligent misstatement
Conclusion on pre-contractual statements
Express terms
Incorporation
Construction
Implied terms
Terms implied by the courts
Terms implied by custom
Terms implied in fact
Terms implied by law
Terms from the House of Lords’ decision in “Liverpool City Council v Irwin”.
Terms implied by statute
Implied terms under the Sale of Goods Act
Sources:
Richard Stone. The modern Law of Contract. – 6th edition. – London, 2005.
Collins H. The Law of contract. – 4th edition. – London, 2003.
Keywords: contents, representations, terms, conditions, warranties, pre-contractual statements, misrepresentation, collateral contract, negligent misstatement, express terms, implied terms.
Questions:
Is it any difference between terms in unilateral and bilateral contracts?
What is the meaning of essential (material) conditions (terms)?
What are the methods of interpretation of express terms of interpretation of express terms?
Documents to be analised:
Equal Pay Act 1970
Misrepresentation Act 1967
Principles of European Contract Law 1998
Sale of Goods Act (SGA) 1893
Sale and Supply of Goods to Consumers Regulations 2002
Unfair Contract Terms Act 1977
Case Caparo v Dickman (1990)
Case City of Westminster Properties v Mudd (1934)
Case Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd (1965)
Case Esso Petroleum Co Ltd v Mardon (1976)
Case Interfoto Picture Library v Stiletto Visual Programmes (1987)
Case Liverpool City Council v Irwin (1977)
Case The Moorcock (1889)
Case Oscar Chess Ltd v Williams (1957)
Case Parker v South Eastern Railway Co (1877)
Case Routledge v McKay (1954)
Case Scally v Southern Health and Social Services Board (1991)
Case Shell v Lostock Garage (1976)
Case Thornton v Shoe Lane Parking (1971)
Topics for essays:
The Moorcock test & the “officious bystander” test.
Conditions, warranties and innominate terms.
Terms’ classification in Civil Law of Ukraine.
Theme 5. Remedies (2 hrs)
Damages: purpose and measure
Expectation interest
Reliance interest
Restitution
Consequential losses. Supervening events
Non-pecuniary losses
Limitations on recovery. The rule of remoteness
Degree of risk
Mitigation
Contributory negligence
Liquidated damages and penalty clauses
Adequacy of damages
Sources:
Beale H. Remedies for breach of Contract. – London, 2001.
Bridge MG. Expectation damages and uncertain future losses. – Oxford, 1995.
Harris D., Campbell D., Halson R. Remedies in contract and Tort. – 2nd edition – London, 2002.
Keywords: remedies, restitution, tort, breach of contract, damages, contractual obligation, compensation, “maximising gain”, expectation interest, the difference in value, the cost of reinstatement.
Questions:
What does it mean “restitutio in integrum”?
Which remedies are available for breach of contract?
How can the claimant mitigate the damages?
Documents to be analised:
Civil Procedure Act 1997
Civil Procedure Rules 1998
Courts and Legal Services Act 1990
Damages Act 1996
Defective Premises Act 1972
Law Reform (Contributory Negligence) Act 1945
Limitation Act 1980
Misrepresentation Act 1967
Sale of Goods Act 1979
Torts (Interference with Goods) Act 1977
Unfair Contract Term Act 1977
Case Attorney General v Blake (2000)
Case Bliss v South East Thames Regional Health Authority (1987)
Case Watts v Morrow (1991)
Topics for essays:
Distinctive features of remedies available in English and national legislation.
Limitation of actions in contracts
Damages in national legislation.