London School of Economics and Political Science (LSE)

Modules

Elements of the law of contract [128]

Note: this is a replacement unit for 122 Introduction to common law. Please note that the subject guide for this unit may not be available until 1 September 2005.

(a) The formation of contracts. Offer and acceptance. Consideration. Certainty of agreement. Intention to create legal relations.
[Note: Questions will not be set on requirements as to the form of contracts].
(b) The content of the contract. Conditions, warranties and intermediate terms. Exemption clauses. Implied terms at common law. Collateral contracts. Statutory implied terms with regard to the quality of goods sold and goods or services supplied.
(c) Vitiating factors. Mistake. Misrepresentation. Duress and undue influence.
(d) Illegality and public policy (excluding gaming and wagering). Contracts illegal at common law. Consequences of illegality. Contracts in restraint of trade.
(e) Capacity to contract, with particular reference to the capacity of minors.
(f) Privity of contract (excluding agency and assignment).
(g) Performance and breach. Substantial performance. Repudiation and anticipatory breach. Discharge under the doctrine of frustration.
(h) Remedies for breach of contract. General principles governing the assessment of damages. Remoteness of damage. Damages for non-financial loss. Mitigation. Restitutionary remedies. Liquidated damages and penalties. Specific performance.
[Note: The subject will also take account of relevant European Union legislation and how this is applied in the UK].