8/21/2023

LW2602A/LW5602A Law of Contract I (Lecture 1)

Formation
Professor Alexander Loke
School of Law
City University of Hong Kong

August 2023

Books
Texts:
McKendrick, Contract Law, 15th ed (Palgrave Macmillan.
2023) (“MT”)

Casebook:
McKendrick, Contract Law: Text, Cases and Materials,
10th ed (Oxford University Press. 2022)

1
 8/21/2023

Perspectives
1. Judgment
 Discerning certainties vs uncertainties
 Shaping the application of the rules
2. Working with malleable rules
3. Mastery of the material

Overview
Formation
Q: Has a legally
enforceable contract
been formed? Third
Parties

Content
Q: What are the parties
obliged to do? Duress/Undue
Misrepresentation
influence
Excuses

Frustration Breach
Mistake Illegality
Remedies
Q: How does the law
respond to a failure to
perform?