Law of Contract

Notes

Cases
Resources
Introduction to the Law of Contract

This note will define the meaning of a contract, the elements of a valid contract, and the types of contracts.

Offer as an Element of a Contract

An offer is one of the elements of a valid contract. This note will discuss the meaning, characteristics, and types of an offer.

Offer versus Invitation to Treat

This note will discuss the meaning of an invitation to treat, how it is different from an offer, and the forms of expression, transactions, or conduct that are often held to be mere invitations to treat and not offers.

Termination of an Offer

This note will discuss the various ways through which an offer can be terminated. The ways to be discussed are counteroffer, revocation, lapse of time, failure of a condition of a conditional offer, rejection, and death.

Acceptance as an Element of a Contract

This note discusses the concept of acceptance in contract law. It contains a video on acceptance, discussions of key principles of acceptance, amongst others.

Communication of Acceptance

This note will discuss the legal requirement that acceptance of an offer must be communicated to the offeror and the general rules and exceptions to the rules governing the communication of acceptance.

Agreement as the Basis of a Contract

In a previous note, we defined a contract as an agreement enforceable at law (per Kwaku Bonsu v. Ama Agyeman [2011] DCLA 7929 ]. It follows that without an agreement, there is no contract. In this note, we will discuss how to determine the existence of an agreement and its nature.

Intention to Create Legal Relations

Intention to create legal relations is one of the key elements of a valid contract. It is the intention of the parties to enter into a legally binding agreement such that violations of promises or agreements can be tried in court

Capacity to Contract

Persons such as minors, drunkards, insane persons, have limited capacity to contract. This note discusses capacity to contract.

Consideration

This note discusses consideration, the price of a promise, in contract law

Introduction to Terms of Contract

This note provides basic definitions of terms in the terms of contract, determining the terms of contract in an oral contract.

Classification of Terms of Contract

This note examines conditions, warranties, and innominate or intermediate terms

Parole Evidence Rule and Terms of Contract

This note discusses the parole evidence rule in contract law and eight (8) exceptions to the rule

Implied Terms in Contract

This note discusses implied terms in contract. It examines terms implied by statute, custom, and the court

Standard Form Contract and Incorporation of Exclusion Clauses

This note briefly discusses standard form contracts and exclusion clauses, and discusses the conditions for the incorporation of exclusion clauses.

Interpretation of Exclusion Clauses

This note discusses the interpretation of exclusion clauses. It examines the contra proferentem rule, the strict interpretation of exclusion clauses in negligence, the doctrine of fundamental breach, and the test of reasonableness.

Introduction to Mistake

Briefly covers the meaning of mistake, types of mistakes in contract, and the legal effects of mistakes under both common law and equity.

Unilateral Mistake

Discusses unilateral mistake with emphasis on unilateral mistake as to the identity of a contracting party.

Mutual Mistake

Examines the effect of mutual mistake, determining agreement, and the circumstances in which mutual mistake can render a contract void.

Common Mistake

Discusses common mistake, types of common mistake, and the effects of common mistake

Introduction to Misrepresentation

Introduces misrepresentation in contract law.