Contract Law

What this module covers

Every section of Contract Law, in the order the course teaches them. This is the whole syllabus for the module, not a selection. Open a section to read the topics inside it.

1. Formation: Requirements for a Contract2 topics

   • The elements of a binding contract
   • Formalities: writing and deeds
2. Offer and Invitation to Treat5 topics

   • What counts as an offer
   • Invitations to treat
   • Unilateral offers
   • Auctions and tenders
   • Cross offers
3. Termination of Offer6 topics

   • Revocation before acceptance
   • Revoking a unilateral offer
   • Rejection and counteroffer
   • Lapse of an offer
   • Termination by operation of law
   • Rejecting a collateral option
4. Acceptance, the Postal Rule and Battle of the Forms9 topics

   • The mirror image rule
   • The postal rule
   • Battle of the forms and the last shot
   • An alternative method of acceptance
   • Beginning performance under either type of offer
   • A carelessly addressed acceptance
   • Prevail clauses
   • A posted rejection overtaken by acceptance
   • Notifying the start of performance
5. Intention to Create Legal Relations1 topic

   • The domestic and commercial presumptions
6. Capacity3 topics

   • Minors
   • Mental capacity and intoxication
   • Capacity of a company
7. Consideration7 topics

   • What consideration is
   • Consideration must move from the promisee
   • Sufficient but not adequate
   • Performance of an existing duty
   • Past consideration
   • Part payment of a debt
   • Promissory estoppel
8. Privity of Contract and Third-Party Rights4 topics

   • The doctrine of privity
   • Enforcement under the 1999 Act
   • Exclusions and variation under that Act
   • Common law devices avoiding privity
9. Terms vs Representations; Certainty2 topics

   • Term or mere representation
   • Certainty and agreements to agree
10. Conditions, Warranties and Innominate Terms3 topics

    • Conditions and warranties
    • Innominate terms
    • When time is of the essence
11. Express Terms, the Parol Evidence Rule and Implied Terms5 topics

    • Notice of terms and the parol evidence rule
    • Terms implied by the courts
    • Implied terms under the Sale of Goods Act 1979
    • Implied terms under the Supply of Goods and Services Act 1982
    • Implied terms under the Consumer Rights Act 2015
12. Exclusion Clauses: Incorporation, Construction and Statute5 topics

    • The three issues for any exclusion clause
    • Methods of incorporation
    • Construction contra proferentem
    • The Unfair Contract Terms Act 1977
    • Unfair terms under the Consumer Rights Act 2015
13. Mistake4 topics

    • When mistake makes a contract void
    • Common, mutual and unilateral mistake
    • Mistaken identity, non est factum and rectification
    • Rectifying an irrationally worded document
14. Duress and Undue Influence3 topics

    • Duress and illegitimate pressure
    • The classes of undue influence
    • Relationships of presumed influence
15. Illegality and Public Policy; Restraint of Trade3 topics

    • Effect of illegality on enforcement
    • Restraint of trade and reasonableness
    • Severance and the blue pencil test
16. Misrepresentation5 topics

    • What makes a misrepresentation actionable
    • The types of misrepresentation
    • Remedies for misrepresentation
    • Bars to rescission
    • Excluding liability for misrepresentation
17. Discharge: Agreement, Variation, Performance and Breach3 topics

    • Discharge and variation by agreement
    • The entire obligations rule
    • Actual and anticipatory breach
18. Frustration5 topics

    • Requirements for frustration
    • What is not frustration
    • Effect of frustration and the 1943 Act
    • Force majeure clauses
    • Destruction of a building after exchange
19. Remedies: Damages7 topics

    • The compensatory measure
    • Remoteness and its two limbs
    • Causation and contributory negligence
    • Mitigation and the date of assessment
    • Damages under the Sale of Goods Act 1979
    • Liquidated damages and penalty clauses
    • Indemnities, secondary promises and debt claims
20. Equitable, Restitutionary and Consumer Remedies5 topics

    • Specific performance
    • Injunctions
    • Equitable defences
    • Restitution and quantum meruit
    • Consumer remedies under the Consumer Rights Act 2015
21. Limitation of Actions; Void vs Voidable Contracts2 topics

    • Limitation periods in contract
    • Void and voidable contracts compared