- •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.
Review seminar questions
Deeds and other formalities
General lack of formal requirement
The external signs of agreement
Offer
Distinction of an Offer from “Invitation to Treat”
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
Domestic agreements
Commercial agreements
Collective agreements
Is a requirement of intention necessary?
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
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
Methods of interpretation of express terms
Conditions, warranties and innominate terms
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
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
List of recommended sources
Adams J. and Brownsword R. Contract, Consideration and the critical path. – London, 1990.
Beale H. Remedies for breach of Contract. – London, 2001.
Bridge MG. Expectation damages and uncertain future losses. – Oxford, 1995.
Donald Wilson Jackson, The United Kingdom Confronts the ECHR, University Press of Florida, 1997.
Campbell D. and Harris D. Flexibility in long term contractual relationships: the role of cooperation. – London, 2004.
Cheshire, Fifoot and Furmston's Law of Contract. –15th edition. – Oxford: Oxford University Press, 2006.
Chitty on Contracts. – 29th Edition. – London: Sweet & Maxwell, 2004.
Collins H. The Law of contract. – 4th edition. – London, 2003.
Eisenberg MA. Relational contracts. – Oxford, 1998.
Frances Quinn and Catherine Elliott. Contract Law. – Oxford, 2005.
Harris D., Campbell D., Halson R. Remedies in contract and Tort. – 2nd edition. – London, 2002.
Kemp and Kemp, Quantum of Damages. – London: Amazon.co.uk, 2007.
McNeil IR. Relational contract theory: challenges and queries. – Northwestern, 2000.
Treitel GH. The Law of Contract. – 11th. – London, 2003.
Phang A. Implied terms revisited. – London, 2002.
Poole Jill. Textbook on Contract Law. – 7th edition. – Bristol, 2005.
Richard Stone. The modern Law of Contract. – 6th edition. – London, 2005.