Contract Law-course Outline (1) (2)
Contract Law-course Outline (1) (2)
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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:
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
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.
2.4 Consideration:
2.4.1 Consideration-Introduction, past
consideration, moral obligations and
insufficiency of consideration.
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.