Scribd
Upload
108 views19 pages

The Law of Contract

This document discusses the law of contract. It begins by stating that contract law is one of the most familiar legal concepts and is essential in daily life and capitalist societies. It then defines what a contract is, as a legally enforceable promise. It explores how to determine if a promise is legally enforceable based on how and by whom it was made and its purpose. It outlines some of the key sources of contract law, including case law from important historical rulings, and statutes. It also discusses different types of contracts and the essential elements required for a valid contract to exist. Finally, it provides a brief history of the development of contract law over time.

Uploaded by

ZESCO
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
108 views19 pages

The Law of Contract

This document discusses the law of contract. It begins by stating that contract law is one of the most familiar legal concepts and is essential in daily life and capitalist societies. It then defines what a contract is, as a legally enforceable promise. It explores how to determine if a promise is legally enforceable based on how and by whom it was made and its purpose. It outlines some of the key sources of contract law, including case law from important historical rulings, and statutes. It also discusses different types of contracts and the essential elements required for a valid contract to exist. Finally, it provides a brief history of the development of contract law over time.

Uploaded by

ZESCO
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 19

The Law of Contract

MR S. KAPHUKA
INTRODUCTION

 Most familiar Legal Concept


 Essential in our daily lives
 Lies at the heart of capitalist society

 Define what a contract is


WHAT IS A CONTRACT?

 “ A PROMISE OR A SET OF PROMISES FOR THE BREACH OF WHICH


THE LAW PROVIDES A REMEDY OR THE PERFORMANCE OF WHICH
THE LAW IN SOME WAY RECOGNISES A DUTY.”

 Essentially a contract is an agreement


 A contract is a LEGALLY ENFORCEABLE PROMISE
HOW TO DETERMINE IF LEGALLY
ENFORCEABLE ?
 1. The way in which they are made

 2. By whom they are made

 3. For what purpose they are made


Sources of the law of Contract

 The two most important sources are:

CASE LAW
STATUTE
CASE LAW

Decided by judges
Feature of a common law legal system
SLADE V MORLEY [1602]

 LORD POPHAM –

“EVERY CONTRACT
IMPORTETH IN ITSELF AN
ASSUMPTION”
LUKE v LYDE (1759)

Mercantile law is not the law of a


particular country but the law of
all nations
Legislation and Statute

- Parliament
 SALE OF GOODS ACT CAP 48.01 Vol. VII Laws of Malawi
 The Competition and Fair Trading Act Cap 48.09 Vol. VII
 Consumer Protection Act Cap 48.01 Vol. VII
 Law of Property Act
 Employment Act
 Banking Act
 Hire Purchase Act
 Convention on Contracts for International Sales (CISG)
 International Institute for Unification of Private Law (UNIDROIT)
Different types of contracts

 Sale
of Goods Act, Consumer Protection Act =
CONSUMER CONTRACTS
 Law of Property Act = PROPERTY CONTRACTS
 Employment Act = EMPLOYMENT
CONTRACTS
ELEMENTS OF A CONTRACT

 1. OFFER
 2. ACCEPTANCE
 3. INTENTION TO BE LEGALLY BOUND
 4. CERTAINTY
 5. CAPACITY
 6. Consideration
THE HISTORY OF CONTRACT LAW

 SIR HENRY MAINE


 “THE MOVEMENT OF THE PROGRESSIVE SOCIETIES HAS BEEN A
MOVEMENTFROM STATUS TO CONTRACT”
COMMUNISM
PRINTING and NUMERICAL
REGISTRY Co. V SAMSON
 Sir George Jessel MR:

“Contracts when entered into freely and


voluntarily shall be held sacred and shall be
enforced by the courts of justice.”
- Lex Mercatoria
ENGLISH LAW’s First Treatise 1188

RANULF De GLANVILLE

Defined legal process for the first time

Revolutionary systematic codification


King Henry III

1266 – Charter to Trade


LORD MANSFIELD

 ‘The law of merchants and the law of the land is


the same.’
20th Century

A shiftfrom an absolute freedom of


contract to some regulation in different
forms

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy