An Introduction to the Law of Contract

Carolyn Abbot

Combining the strengths of UMIST and

The Victoria University of Manchester
 About the Course
We study some of the general principles of contract law:

• Rules of formation
• Terms
• Vitiating factors
• Breach and remedies

We also teach some important skills:

• Generic academic skills including argument, analysis,

written and oral communication
• Problem-solving or ‘rule play’
Combining the strengths of UMIST and
The Victoria University of Manchester
 Teaching and Assessment
• Lecture timetable on page 5 of introductory handout –
ONE CHANGE – Tuesday 8th October 2-3pm (NOT 1-
3pm)
• Seminar selection – seminars start next week –
prepare IN ADVANCE FOR SEMINARS – read the
cases!
• Course assessed by 100% exam – 2 hour 30 mins,
January 2014 – one question from Part A, two
questions from Part B
• Non-assessed coursework on seminar handout –
question, deadline for submission, word count
Combining the strengths of UMIST and
The Victoria University of Manchester
 Materials
• it is recommended that you purchase:
McKENDRICK, Contract Law (Macmillan, 10th edition
2013) OR
STONE, The Modern Law of Contract (Routledge, 10th
edition 2013)
http://www.routledge.com/cw/stone/
• you may also wish to purchase a casebook
• lecture handouts, seminar handouts etc. available on
BB page (plus contract surgery hours)

Combining the strengths of UMIST and

The Victoria University of Manchester
 English Law

Trietel: A contract is “an

agreement giving rise to
obligations which are Public Law Private Law

enforced or recognised by
law. The factor which
distinguishes contractual Obligations
Property
Rights
from other legal obligations
is that they are based on the
agreement of the contracting Non-
Voluntary
parties.” (The Law of voluntary
Contract)

Wrongs - Unjust
Contract
Torts Enrichment

Combining the strengths of UMIST and

The Victoria University of Manchester
 A Theoretical Account of Contract Law
• Why, in theory, should parties to a contract be bound by
that contract? What gives a contract legal force?
• Traditional ‘will theory’ – contractual obligations are self-
imposed – we are required by law to comply with those
obligations because we have entered into them freely –
contractual obligations reflect the will of the parties
linked to ‘laissez faire’ ideology
• Reliance theory – contractual obligations bind us
because the law insists that I have induced you to rely on
me, then you should not be made worse off because of
that reliance

Combining the strengths of UMIST and

The Victoria University of Manchester