LAW 220-Contract Law-Saad

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Transcript of LAW 220-Contract Law-Saad

  • Lahore University of Management Sciences

    Law 220 Contract Law Fall & 2012

    Instructor Saad Rasool

    Room No.

    Office Hours

    Email

    Telephone

    Secretary/TA

    TA Office Hours

    Course URL (if any)

    Course Basics

    Credit Hours

    Lecture(s) Nbr of Lec(s) Per Week 2 Duration 100 minutes

    Recitation/Lab (per week)

    Nbr of Lec(s) Per Week Duration

    Tutorial (per week)

    Nbr of Lec(s) Per Week Duration

    Course Distribution

    Core Contracts

    Elective

    Open for Student Category

    Close for Student Category

  • Lahore University of Management Sciences

    COURSE DESCRIPTION

    This course pack is designed to give students a theoretical and practical understanding of the Law of contract. The course focuses on solving problem questions on contract law and examines fundamental concepts of contracting theory, including offer and acceptance, consideration, misrepresentation, and the breach of contract, as well as the remedies arising from breach of contract.

    COURSE PREREQUISITE(S)

    NONE

    COURSE OBJECTIVES

    On completion of the course students will be able to:

    Analyze sets of facts presented in the form of problem questions, identify and examine the relevant law and provide answers on the application of the law to the facts.

    Present and critically discuss the content of legal rules, answer essay questions on the evolution of the law of contract, and assess the current state of the law.

    In order to successfully complete the course, the students need to demonstrate knowledge of the main areas of the course through the presentation of case law and statute, and show skills in answering problem questions in identifying the relevant law and applying it to the facts in reaching a sensible conclusion.

  • Lahore University of Management Sciences

    Learning Outcomes

    As a result of attending this course, the Students will learn how to:

    Understand the origin and legal reasoning behind the contracting theory.

    Understand some of the core doctrines within the common law development of contract law.

    Identify the critical elements required to create a legally binding contract enforceable under law.

    Understand contract performance, discharge and breach.

    Recognize the different situations which may lead to early contract termination, such as frustration, repudiation and rescission.

    Recognize the differing remedies that may apply in the event of a breach of contract. Grading Breakup and Policy

    Assignment(s): NA Home Work: NA Quiz(s): 10 Class Participation: 15 Attendance: 10 Midterm Examination: 25 Project: NA Final Examination: 40

    Examination Detail

    Midterm Exam

    Yes/No: Yes Combine Separate: Separate Duration: Preferred Date: Exam Specifications: Factual problem solving and legal reasoning

  • Lahore University of Management Sciences

    Final Exam

    Yes/No: Yes Combine Separate: Combine Duration: Exam Specifications:

    Textbook(s)/Supplementary Readings

    Compulsory readings: Ewan McKendrick, Contract Law 9th Edition (Palgrave Macmillan, 2011) The Contract Act, 1872 (Bare Act)

    Supplementary Readings: Buttler M. Mahmood, The Contract Act, 1972 Second Edition (Pakistan Law Times Publications 2011)

    COURSE OVERVIEW

    Week/ Lecture/ Module

    Topics Recommended

    Readings Case Law (Conceptual) Case Law (Pakistani/Indian)

    Module 1 CONTRACT THEORY

    Brian H. Bix, Theories of Contract Law and Enforcing Promissory

    Morality: Comments on Charles Fried, Contract Law (Cambridge,

    2012)

    Liam Murphy, Contract and Promise

    Brian H. Bix, Some Reflections on Contract Law Theory, Contract

    Law (Cambridge, 2012)

    Module 1

    Introduction

    i. Offer/Proposal

    ii. Bilateral Contracts

    iii. Unilateral Contracts

    iv. Public at Large

    McKendrick, Chapter 3: Offer and acceptance up to 3.4 pp. 2735

    Butler, Chapter 3: Agreement 3.1 Introduction, 3.2 Understanding the concept of offer, pp. 31-35.

    Contract Act 1872, section(s) 2(a), 2(c), 2(e) and 9.

    United Dominions Trust (Commercial) Ltd v Eagle

    Aircraft Service Ltd (1968)

    Gibson v. Manchester City Council (1979)

    Carlill v. Carbolic Smoke Ball Company (1893)

    AIR 1957 S.C. 95

    LR 38 IA 80

    AIR 1949 Nag. 286

    ILR 28 Bom. 66

    Module 1

    Offer/Proposal

    i. What is not an Offer/Proposal?

    ii. Intention is Important

    iii. Conditional Proposal

    McKendrick, Chapter 3: Offer and acceptance up to 3.7

    Acceptance and 3.9 Acceptance in ignorance of the offer, pp.

    2735 and 36-37.

    Butler, Chapter 3: Agreement 3.1 Introduction, 3.3 What is

    Gibson v. Manchester City Council (1979)

    Pharmaceutical Society v. Boots (1953)

    Fisher v. Bell (1961)

    Partridge v. Crittenden (1968)

  • Lahore University of Management Sciences

    iv. Invitation to Treat

    1. Advertisements

    2. Newspaper Ads

    3. Display of Goods

    4. Auctions/Tenders

    v. Communication of Offer

    not an offer to 3.4.3 Tendering and 3.5 Communication of an

    offer, pp. 31-32, 35-44 and 49-50.

    Contract Act 1872, section(s) 2(a), 2(c), 2(f), 3, 4, 8 and 9.

    Carlill v. Carbolic Smoke Ball Company (1893)

    Harvela Investments Ltd v. Royal Trust Co of

    Canada Ltd (1985)

    Blackpool and Fylde Aero Club Ltd v. Blackpool

    Borough Council (1990)

    Gibbons v. Proctor (1891)

    R v. Clark (1927)

    Module 1

    Acceptance

    i. Acceptance

    1. By Word or by Conduct

    2. Counter Offer

    3. Request for more Information

    4. Battle of Forms

    ii. Communication of Acceptance

    1. In Bilateral contracts

    2. In Unilateral contracts

    iii. Exceptions to need of communication

    1. Where requirement of

    communication is waived by the

    offeror

    2. Postal Acceptance

    3. Modern Technology

    iv. Method of Acceptance

    1. Specific method

    2. Inferred from the Offer

    v. End of an unaccepted offer

    1. Change of mind

    2. If conditions in the offer is not

    fulfilled

    3. Death of the offeror or offeree

    4. Lapse of Offer

    McKendrick, Chapter 3: Offer and acceptance 3.7

    Acceptance, 3.8 Communication of the acceptance and 3.10

    Prescribed method of acceptance to 3.14 Termination of the

    offer, pp: 35, 35-36 and 37-44.

    Butler, Chapter 3: Agreement 3.6 Termination of an offer to

    3.12 Contract formation: Time and Place, pp. 50-76.

    Contract Act 1872, section(s) 2(b), 3, 5, 6, 7, 8, 31, 32, 33, 34, 35

    and 36.

    Brogden v. Metropolitan Railway Company

    (1871)

    Day Morris Associates v. Voyce (2003)

    Hyde v. Wrench (1840)

    Butler Machine Tool v. Ex-Cell-o (1979)

    Felthouse v. Bindley (1862)

    Carlill v. Carbolic Smoke Ball Company (1893)

    Adams v. Lindsell (1818)

    Entores v. Miles Far East Corp (1955)

    Manchester Diocesan Council for Education v.

    Commercial and General Investments (1970)

    Quenerduaine v. Cole (1883)

    Routledge v. Grant (1828)

    Dickinson v. Dodds (1876)

    Financings Ltd v. Stimson (1962)

    Bradbury v. Morgan (1862)

    Offord v. Davies (1862)

    2007 CLC 462

    1995 MLD 123

    AIR 1938 Lah. 341

    AIR 1970 S.C 706

    AIR 1957 SC 95

    2005 YLR 301

    2002 YLR 1061

    AIR 1955 S.C 468

    1996 CLC 698

    PLD 1999 Kar. 181

    2003 MLD 131

    AIR 1960 Pat 139

    AIR 1962 SC 378

    AIR 1947 Mad. 366

    PLD 1965 Kar. 202

    2004 YLR 1612

    2008 CLD 356

    2008 MLD 577

    1988 CLC 448

    PLD 1972 Lah. 847

    1972 Cur LJ 408 (Punj)

    AIR 1949 Pat 270

    1972 Madh Pra 131

  • Lahore University of Management Sciences

    AIR 1991 Pat. 14

    Module 1

    Consideration

    i. Definition

    ii. Consideration must be sufficient but

    need not to be adequate

    1. Economic Value

    iii. Existing obligations as good

    consideration

    1. Obligations which arise under the

    Law, independently of any contract

    2. Obligations which are owed under a

    contract with a third party

    3. Obligations which exist under a

    contract with a person who has

    made a new promise, for which the

    existing obligation is alleged to

    provide good consideration

    iv. Past Consideration

    McKendrick, Chapter 5: Consideration and form 5.2

    Consideration defined to 5.8 Intangible returns and 5.10

    Performance of duty imposed by law to 5.18 Past

    consideration, pg. 63-75 and 75-87.

    Butler, Chapter 6: Consideration 6.1 Introduction to 6.5

    Consideration: specific examples, pp. 136-170

    Contract Act 1872, section(s) 2(d), 2(f), 23 and 24.

    Articles:

    Mindy Chen-Wishart, Consideration, practical benefit and the Emperors new clothes, Beatson, J. and D. Friedmann, (eds) Good faith and fault in contract law.

    Currie v. Misa (1875)

    Dunlop Pneumatic Tyre Co Ltd v. Selfridge & Co

    Ltd (1915)

    Thomas v. Thomas (1842)

    Chappell v. Nestle (1960)

    White v. Bluett (1853)

    Ward v. Byham (1956)

    Glasbrook Bros Ltd v Glamorgan CC (1925)

    Stilk v. Myrick (1809)

    Williams v. Roffey Bros & Nicholls (Contractors)

    Ltd (1991)

    Shadwell v. Shadwell (1860)