COURSE TITLE: LAW 124 - LAW OF CONTRACT I

COURSE DESCRIPTION
Law of contract affect almost every aspect of human life and relations in the sense that in
acquiring the necessaries of life people do engage in one kind or another of a contractual aspect.
This course provides students with a general knowledge of the law governing contractual
relations between subjects.

COURSE AIM
This Course is intended to familiarize the students with the principles relating to Contracts in
general and the principles relating to Special Contracts; and specifically it will
a) It will enable the students to acquire skills
b) It will enable students to acquire tools on various aspects of law of contract and
c) It will enable students to understand its applications

COURSE EXPECTED LEARNING OUTCOME

After studying this Course the students should be able to:
a) understand the principles governing different contractual aspects
b) Understand implications of contractual transactions
c) To make apply the knowledge acquired in different contractual and they should be able
to apply their knowledge to concrete contractual transactions.

COURSE STATUS: Core

CREDIT RATING: 10
TOTAL HOURS SPENT: 100 Hours per Semester
COURSE CONTENT

1.0 Introduction to Law of Contract

1.1 The meaning of contract
1.2 Development of the law of contract
1.3 Sources of Law of Contract in Tanzania
1.4 Customary Law Contracts: Their existence and recognition of Tanzania
1.5 Forms of Contracts.
2.0 FORMATION OF CONTRACT-ESSENTIAL ELEMENTS
2.1 The phenomenon of agreement (free consent)
2.2 Parties
2.3 Offer and acceptance: meaning, characteristics, offer and acceptance under various
situations, communication and revocation/termination
2.4 Consideration: analysis of the meaning, types, and who may furnish it.
2.5 Intention to create Legal relations: Commercial agreements compared to domestic
arrangements
 2.6 Capacity: age and mental incapacity: Importance and rationale behind capacity in
contractual arrangements.
2.7 Legality

3.0 CONTENTS OF CONTRACT

3.1 Express terms
3.2 Implied terms
3.3 Exemption clauses
3.4 Conditions and warranties
3.5 The doctrine of fundamental breach.

4.0 PRIVITY OF CONTRACT

4.1 Meaning of the doctrine
4.2 Its rationale and historical development
4.3 Its application of the doctrine
4.4 Its relationship with the doctrine of consideration both under common Law and Law
of Contract Act
4.5 Exceptions to the doctrine

TEACHING AND LEARNING ACTIVITIES

Lectures, seminars, and independent study
ASSESSMENT METHODS
Assessment and Evaluation of the course will be through Assignments, Presentations,
Controlled Tests, and End of Semester Examinations as per Mzumbe University Student
Assessment Criteria By-Laws.
READING LIST
SHELFMARK AUTHOR TITLE NO. OF COPIES
344.20777 GOF GOFF R G The law of restitution 3rd ed 2
341.66 JON JONES J Restitution in public law 2
346.02 ADA ADAM, J Understanding contract law 1
346.02 ADA ADAM, J Understanding contract law 1
Atiya's introduction to the
346.02 ATI ATIYAH,PS law of contract 1
Atiya's introduction to the
346.02 ATI ATIYAH,PS law of contract 3
346.02 BAN BANGIA R Law of contract 2
346.02 BEA BEATSON Anson's law of contract 1
346.02 BEA BEATSON Anson's law of contract 2
346.02 BEA BEATSON Contract cases and materials 1
346.02 BRA BRAIN,R Contract… 1
346.02 BUR BURROWS,A A casebook on contract law 5
Cheshire fifoot and
346.02 CHE CHESHIRE G C furmstorm's law of contract 1
 Cheshire fifoot and
346.02 CHE CHESHIRE G C furmstorm's law of contract 2
Cheshire fifoot and
346.02 CHE CHESHIRE G C furmstorm's law of contract 1
Cheshire fifoot and
346.02 CHE CHESHIRE G C furmstorm's law of contract 1
346.02 CON CONTRACT Contract damage 5
346.02 COR CORBIN,L Corbin on contract 1952 1
346.02 DUX DUXBURY,R Nutshells:contract law 1
346.02 ELL ELLIOT,C Contract law 2
346.02 ELL ELLIOT,C Contract law 2
Contract:cases and theory
346.02 HOG HOGG,J 2008 1
346.02 KAP KAPOOR S K Law of contract 1 1
346.02 McK McKendrick,Edwin Contract law 1
Sweet &Maxwell contract
tort and restitution statutes
346.02 McK McKendrick,Edwin 2004/05 1
Law of contract and specific
346.02 MOI MOITRA relief 2005 4
The law of contract,12th ed
346.02 PEE PEEL,E 1975 1
346.02 PEE PEEL,E The law of contract 2007 1
346.02 PEE PEEL,E The law of contract 2007 1
Calamari and perillo on
346.02 PER PERILL,.J.M contract 2009 1
346.02 POO POOLE,JILL Textbook on contract 2007 6
346.02 POO POOLE,JILL Casebook on contract law 3
346.02 POO POOLE,JILL Textbook on contract 2001 1
Fundamental concepts of
346.02 RAO RAO,Meena contract law 2004 1
346.02 RAO RAO,VK Cases and materials 1
346.02 RIC RICHARD,P Law of contract 2
Nutcases: conract law
346.02 RUF RUFF,A 5th.ed. 2007 1
346.02 SAM SAMUEL,G Contract law 3
The law of torts and
consumer protection
346.02 SHU SHUKLA M N 17th.ed. 2007 2
A history of the common
346.02 SIM SIMPSON A W B law of contract 2003 1
A history of the common
346.02 SIM SIMPSON A W B law of contract 1
346.02 SIN SINGH A Law of contract 5th ed 2000 1
Law of contract and specific
346.02 SIN SINGH A relief 1
346.02 SMI SMITH The law of contract 1975 3
 Smith and Thomas A case
346.02 SMI SMITH,J C book on contract 2
Text, cases and materials on
346.02 STO STONE,R contract law 2002 1
Law of frustration ofcontract
346.02 SUJ SUJAN 2007 1
346.02 UPE UPEX,R Davies on contract 2001 1
346.02 UPE UPEX,R Davies on contract 2001 1
Mulla the Indian contract
346.02009 PAT PATHAK, H. S. act. 1
346.020264 Digest of cases on law of
SON SONI contract 1990 1
346.02076 CHA CHANDLER,A Law of contract 1
346.020967 Law of contract in East
HOD HODGIN R W Africa 1
CHITTY on
346.022CHI CHITTY, contracts:general principles 4
346.022FEL FELTHAM,P The law relating to estoppel 2
Venkoba Rao's law of
346.029 RAO RAO, Venkoba agency 1

LIST OF STATUTES
The Contractors and Registration Act [Cap 235 R.E. 2002]
The Electronic and Postal Communication Act [No 3 of 2010]
The Law of Contract [Act Cap 345]
The Public Procurement Act [No 3 of 2001]
The Sale of Goods Act [Cap 214]
The Standards Act [Cap 130 R.E. 2002]