0% found this document useful (0 votes)
8 views5 pages

Contract Law-course Outline (1) (2)

The document outlines the course structure for 'Law of Contract' as part of the Diploma in Law (Paralegal Studies) at the Kenya School of Law for the academic year 2024/2025. It covers essential principles of contract law, evaluation methods, recommended texts, and specific topics such as elements of contracts, privity, discharge, and remedies for breach. The course aims to provide students with a comprehensive understanding of legally binding agreements relevant to both commercial and everyday contexts.

Uploaded by

estheraustra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
8 views5 pages

Contract Law-course Outline (1) (2)

The document outlines the course structure for 'Law of Contract' as part of the Diploma in Law (Paralegal Studies) at the Kenya School of Law for the academic year 2024/2025. It covers essential principles of contract law, evaluation methods, recommended texts, and specific topics such as elements of contracts, privity, discharge, and remedies for breach. The course aims to provide students with a comprehensive understanding of legally binding agreements relevant to both commercial and everyday contexts.

Uploaded by

estheraustra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
You are on page 1/ 5

La

w of Contract

KENYA SCHOOL OF LAW

DIPLOMA IN LAW (PARALEGAL STUDIES)

PTP 101: ELEMENTS OF CONTRACT LAW;


COURSE OUTLINE

ACADEMIC YEAR 2024/2025; TERM 1

LECTURER:

COURSE DESCRIPTION:
Law as a discipline is not unique in its tendency to reflect the
ideology of society at whatever place or time. It permeates in
all spheres of life, and the general agreements environment
itself not being an exception to the phenomena. Against this
background, this course will endeavor to facilitate a clear
understanding of the basic principles of law directly relating
to contracts or what are generally described as the legally
binding agreements. Accordingly, the students will be
required to understand the basic concepts and principles that
attend to the law of contract that are of fundamental
significance to the efficient and lawful carrying on of any
agreement whether for commercial purpose or in our every
day-to-day life. The student will be able to understand the
various laws and principles, whether statutory or common law-
based, that govern the general practice of agreements.

COURSE EVALUATION:
The course will be evaluated as follows:
Continuous Assessment Tests 30%
Final Examination 70%
Total marks 100%

CONTACT HOURS:

Kenya School of law – Paralegal Studies 1


La
w of Contract

The subject lecturer will deliver three lecture hours a week for
the entire term. Alternative arrangements will be organized
for any contact hours that are lost for whatever reasons.

STATUTORY REFERENCES:
1. Interpretation and General Provisions Act, Chapter 2.
2. Limitation of Actions Act, Chapter 22.
3. Law of Contract Act, Chapter 23.
4. Trade Descriptions Act, Chapter 505.
5. Weights and Measures Act, Chapter 513.
6. Employment Act, 2007.
7. Hire Purchase Act, Chapter 507.

RECOMMENDED TEXTS:
1. Furmston M.P., Chesire, Fifoot and Furmston’s Law
of Contract, (15th Ed.) (Newyork; Oxford University
Press; 2007)
2. Treitel G.H., The Law of Contact (11th ed.) (London;
Sweet & Maxwell; 2003)
3. Beatson J., Anson’s Law of Contract (28th Ed.) (New
York; Oxford University Press; 2002)
4. Smith S.A., Contract Theory (New York; Oxford
University Press; 2004)
5. Poole J.A., Casebook on Contract Law (8th Ed.) (New
York; Oxford University Press; 2006)
6. Parry D.H., The Sanctity of Contracts in English Law
(London; Stevens & Sons Ltd.; 1959)
7. Hodgin R.W., Cases and materials on East African
Mercantile Law, (London; Sweet & Maxwell; 1972)
8. Hodgin R.W., Law of Contract In East Africa,
(Nairobi; Kenya Literature Bureau; 2006)
9. Chandler A and Brown I., Questions and Answers,
Law of Contract (New York; Oxford University Press;
2007) Online Resource Centre
<http://www.oup.com/uk/orc/law/qanda/>
10. Furmston M., (ed.) The Law of Contract (2nd Ed.)
(London; Lexis Nexis; 2003)
11. Yates D., Exclusion Clauses in Contracts (London;
Sweet & Maxwell; 1978)
12. Atiyah P.S., An Introduction to the Law of Contract
th
(5 ed.) (New York; Oxford University Press; 1995)
Kenya School of law – Paralegal Studies 2
La
w of Contract

13. Smith S.A., Atiyah’s Introduction to the Law of


Contract (New York; Oxford University Press; 2005)
14. Upex R., Davies on Contract (9th Ed.) (London;
Sweet & Maxwell; 2004)
15. O’Sullivan J and Hilliard J., The Law of Contract
(New York; Oxford University Press; 2006)
16. Guest A.G., (ed.) Chitty on Contracts (London;
Sweet & Maxwell; 1983)
17. McKendrick E., Contract Law; Text, Cases and
Materials (2nd Ed.) (New York; Oxford University
Press; 2005)

*{NB: the books in bold are particularly instructive in this


course.}*

SPECIFIC TOPICS:
1. INTRODUCTION TO CONTRACT LAW
1.1 Definition of contract.
1.2 Nature of contract.
1.3 Justification of Contract Law.
1.4 Types of Contracts:
1.4.1 Specialty and simple Contracts.
1.4.2 Contracts of Record.
1.4.3 Other Classification of Contracts.

2. ESSENTIAL ELEMENTS OF CONTRACTS


2.1 Introduction.
2.2 Concept of Offer:
2.2.1 Distinction of Offer from invitation to
treat, Declaration of intention,
Advertisements, Mere supply of
information, Tenders and Auctions Sales.
2.2.2 Rules of Offer.
2.2.3 Termination of Offer.
2.2.4 Rules of Revocation.

2.3 Concept of Acceptance:


2.3.1 Introduction.

Kenya School of law – Paralegal Studies 3


La
w of Contract

2.3.2 Rules of Acceptance.


2.3.3 Mode of Communication of Offer and
Acceptance.

2.4 Consideration:
2.4.1 Consideration-Introduction, past
consideration, moral obligations and
insufficiency of consideration.

2.5 Concept of Intention to create Legal Relations:


2.5.1 Social, Family or other Domestic
Relations.
2.5.2 Commercial Relations.

2.6 Contractual capacity


2.6.1 Infants or Minors.
2.6.2 Insane Persons.
2.6.3 Drunken persons.
2.6.4 Capacity of Companies and other
Public authorities.

3. THE PRIVITY OF CONTRACT


3.1 Introduction and the general rule
3.2 Arguments to justify the general rule
3.3 Contracts and Third Parties.
3.3.1 Novation.
3.3.2 Equitable Assignment.
3.3.3 Assignment by operation of the law.
3.3.4 Assignment by vicarious performance.
3.3.5 Legal Assignment.

4. DISCHARGE OF CONTRACT
4.1 By Performance.
4.2 By Agreement.
4.3 By Impossibility or Frustration.
4.4 By Breach.
4.5 By Lapse of time.
4.6 By operation of the Law.

Kenya School of law – Paralegal Studies 4


La
w of Contract

5. REMEDIES FOR BREACH OF CONTRACT


5.1 Introduction.
5.2 Damages.
5.3 Specific performance.
5.4 Injunction.

6. INTERRELATIONSHIP BETWEEN CONTRACT AND


TORT

<The End – Good Luck>

Checked by: Approved by:

Jared Gekombe Dr. Henry K. Mutai


Co-ordinator, PTP Director/CEO

Sign: ________________________ Sign: ____________________

Date: ________________________ Date: ____________________

Kenya School of law – Paralegal Studies 5

You might also like