Objective of the Course:
The primary purpose of the law of contract is to enforce the agreement of parties. For there to be a contract, substantial agreement must exist and the parties must have freely intended to be legally bound. In interpreting the contents of contracts, the courts are primarily trying to carry-out the intent of the parties. Therefore, the basic purpose of law of contract is to provide a framework within which individuals can freely contract. This is so because a contract is an agreement that gives rise to obligations which are enforced or recognised by law. However, for this agreement to be enforceable under the law as stated earlier, there must be in existence some elements such as mutual consents; offer and acceptance; valuable consideration; capacity and legality. It is therefore important and indispensable for students to study the law of contract with the view to understanding the legal implications that arise from agreements and how they should be upheld o enforced by the courts.
Learning Outcomes:
After a successful study of the law of contract, the students are expected to learn the following at the end of the course:
i. Students should be well-equipped with the basic principles that govern contractual relationships in Nigeria. This is paramount as these principles constitute the foundation of virtually all transactions;
ii. The students are expected to learn the various forms of the terms of contract whether expressed or implied terms in daily transactions; and
iii. The students are expected to be informed on the contractual liability or responsibility of a party to a contract.
To realise thee learning outcomes, the students are expected to navigate through the following course contents:
1. The Nature of Contract: under this rubric, students will learn and understand the sources of law of contract; the concept of bargain; and classification of contract.
2. Formation of Contract: Here, students will be taught how contracts are created or formed between parties. Formation of contract covers issues such as offer and acceptance; consideration and intention to create legal relations.
3. Contents of Contract: This will cover the terms of contract; representation; excluding and limiting terms and fundamental breach of terms.
4. Capacity: it is very important to study and understand the capacity of parties to contract. As such, the capacity of the following entities will be examined: infants; illiterates; corporations; people with mental health condition and drunken persons.
- Teacher: Haruna Hassan