UNIVERSITY OF THE WEST INDIES

FACULTY OF LAW

CONTRACT I – 2019/2020

COURSE OUTLINE

A. INTRODUCTION

1. Overview:

- General Principles; Contract Theory; Subject Matter; Analysis and Impact

2. Contract Performance:

- Good Faith; Honesty; Judicial Policy Construction

B. AGREEMENT

3. Intention to Create Legal Relations and Formalities:

- Contractual Term; Social and Domestic Arrangements; Commercial Transactions;

Outlaw Clauses; Requirement of Formalities; Effect of Failure to Observe
Formalities

4. Offer:

- Nature of Contractual Offers; the Problem of Certainty; Revocation of Offers

5. Acceptance:

- Acceptance by Signature and Non Est Factum; Counter-offers; Battle of the

Forms; Communication of Acceptance; “Snapping up” of Mistakenly Expressed
Offers

C. CONTENTS OF THE AGREEMENT

6. Contractual Terms I – Express Terms

Nature of Terms; Written Contracts and the Parol Evidence Rule; Collateral Warranty
Device; Collateral Contracts

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 7. Contractual Terms II – Implied Terms:

Juridical Basis for Implication; Exclusion of Implied Terms; Methods of Implication

8. Contractual Terms III – Exclusion Clauses:

Nature and Function of Exclusion Clauses; Incorporation of Exclusion Clauses;

Attempts to Control the Abuse of Contract Power

D. ENFORCEABILITY

9. Consideration:

Nature and Function of Consideration; Gifts and Bargains; Extortion and Fair
Bargains; Discharge of Debt; On-going Transaction Adjustment and Promissory
Estoppel

10. Parties to a Contract:

Capacity; Mistaken Identity; Privity of Contract and its Evasion; Privity and
Exemption Clauses

MATERIALS

TEXT BOOKS: MP Furmston, Cheshire, Fifoot & Furmston Law of Contract (15th edn);
JC Smith, The Law of Contract (4th edn); J Poole, Contract Law (7th edn);
J Beaston, Anson’s Law of Contract (28th edn); J Cumberbatch,
Commonwealth Caribbean Law of Contract; G Kodilinye & M Kodilinye,
Commonwealth Caribbean Contract Law; R Stone & J Devenney, The
Modern Law of Contract (11th Edn) 2015

CASEBOOKS: JC Smith, Smith & Thomas: A Casebook on Contract (11th edn); HG

Beale, WD Bishop & MP Furmston, Contract Cases & Materials (5th edn)

STATUTES: Sale of Goods Act (any jurisdiction); Statute of Frauds (all jurisdictions)