LECTURE NOTES ON PRINCIPLES OF LAW OF CONTRACT, UNIVERSITY OF DOUALA

This course is designed primarily for students studying law at level 2 in the University of Douala. It is designed to give students an understanding of contract law. The emphasis here is on the contract law in its ordinary contexts as compared to other types f business contracts.

At the level of each chapter we have provided a selection of self-test questions. The following are the objectives of the course; after studying the course the student should be understand the following points:

·        The distinction between a contract and other types of  non-binding agreements

·        The essential elements of a binding contract

·        The factors which may affect the validity of  a contract

·        The ways in which the obligations under a contract may be discharged

                       .     The remedies available for breach of contract
The course covers 10 chapters with emphasis placed on chapters 1, 2, 3, and 4.  we have also tried to get a collection of all the relevant cases in the course with their facts and court's decision. you can download the full collection of the cases for printing or simply get it online in our cases labels. Also, the normal session and recit exam questions in the course can be found in our question and answer section.

COURSE OUTLINE

CHAPTER ONE                     CONTRACTS, OFFER, INVITATION TO TREAT  AND ACCEPTANCE

  CHAPTER TWO                  CONSIDERATION

CHAPTER THREE                  INTENTION TO CREATE LEGAL RELATIONS

CHAPTER FOUR                  FORMALITY

CHAPTER FIVE                    FORMALITY

CHAPTER SIX                        TERMS OF A CONTRACT

CHAPTER SEVEN                             CAPACITY

CHAPTER EIGHT                  DURESS AND UNDUE INFLUENCE

CHAPTER NINE                   DISCHARGE OF CONTRACT.

             

CHAPTER  ONE  -  AGREEMENT TO CONTRACT

SIMPLE CONTRACTS

Treitel in his book titled law of contract defined a contract as ‘an agreement giving rise to obligations which are enforceable by law’. Anson , however, in ‘ principles of the law of contract’ goes a little further than this and defined a contract as a ‘legally binding agreement made between two or more persons, by which rights are acquired by one or more to act or forbearance on the part of the other or others’’. The fact that both definition talks in terms of agreement being legally enforceable qualifies the fact that something more than just agreement between the parties is required. Thus, in order for a simple contract to arise, there must be an interaction by the parties to form a legally binding agreement and some consideration must have passed from one party to the other. That is, some advantage must have passed from one party to the other, thus creating the notion of a bargain. It is the notion of the bargain that separates a simple contract from specialty contracts which are required to be made by deeds. However, such contracts have more affinity with deeds or gifts rather than with the idea of a bargain, though it is also true that many agreements which have the elements needed for a simple contract are in practice made by deed since this can offer certain advantages not available under simple contracts. Thus , it is common for building contracts to be made by deed since here, the limitation period( i.e. period during which legal actions may be brought in respect the contract) is extended from 6years for simple contract to 12 years for specialty contracts should a breach occur.

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