Class Syllabus: Contract Law 2 (The Meaning Behind the Words, Phrases and Sentences)
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Office Hours: |
at least one hour every day
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Course Meeting Times: |
This will be always be on the Class Discussion Forum
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Course Description
Most of us hear very often about the word 'a contract', but very few of us understand what it all means. A lot of us think that everything about a contract must be written. The fact is that in some cases silence or not doing anything at all may be taken into consideration when the courts determine what a contract is. This course examines legal issues such as when speech and ordinary conduct can sometimes be regarded as part of a contract. It also looks at situations when written words when used have meaning or effect on the whole contract document. Whether or not other factors external to the contract has any relevance to its making and which the court will give effect to are critically examined. Most times, people or business organizations insert some particular words in a public place while in some other cases, people want some particular words or phrases inserted in a contract. The reasons for these type of actions are analyzed while circumstances and situations which were not at all related to the contract when being made but which might interest the court to arrive at a fair decision are given in - depth analysis.
The course is presented in a most vivid and interesting manner spiced with real legal cases devoid of difficult legal terminologies. Where they are used, they are explained. The course is arranged in such a way to make learners understand this very intricate and confusing subject so that they could better avail themselves first hand its principles for use in their personal life now or in the future.
The course is in 5 parts. Each part is a follow up of the previous one.
-The first part of the course examines the meaning of clauses in contracts. It explains what clauses are, the various types and the way it operates to give meaning to a contract and how courts generally interpret them.
-The second part is about the influence of external factors to a contract. It looks in detail at the various situations when this may occur and why they occur.
- The third part examines the nature of Clauses and its broad categories of conditions and warranties. With the aid of real life cases, students are gradually brought to understand not only the meaning behind these categories, but the effect it could have on a contract as a whole.
-The fourth part goes further to look at Limiting and Excluding Clauses and discusses a few examples with real life cases.
- The 5th part looks at what really lies beneath a contract that may make a party end it. It therefore examines the characteristics of what is called in law Fundamental Breach and its effects, generally and specifically. Course Requirements
The only requirement to start this course is the desire and willingness to learn. It is not necessary to have any previous legal education. Completion of the course means a student had completed all the lesson components - class polls, assignments, quiz and or tests at the end of each part or lesson and participates actively in the discussion forums. Course Goals
Through this course students will understand the roles and functions that clauses play in a contract document.
They will understand the various types of clauses in contracts and the differences between them.
They will be able to distinguish between the external situations that might affect a contract and to what extent these situations can effectively alter a contract.
They must know the different situations and factors that the courts take into consideration in pronouncing a contract as valid.
Overall, they must appreciate the intricacies involved in the application of clauses in contracts and understand its relevance to real life situations.
This course will also:
1.Enlighten students about contracts in a general and specific manner.
2.Help students, especially those who are interested in sitting Paralegal examinations pass their examinations.
3.Expose students to what the intricacies of business entails.
Reading Materials
Most of the course material will be displayed in the lessons,netlinks, class assignment at the end of each lesson.
Recommended reading:
Cheshire, Fifoot and Furmston's on The Law of Contract 13th Edition, 1996 Grading Policy
All grades will be on a 100% scale.
Certificates will be issued accordingly:
-For returning all the assignments and lessons, a student gets the Certificate of Outstanding Achievement.
-For getting a mark between 70 - 100% a student gets a Certificate of Outstanding Excellence.
-Marks for Participation is 20 and a student who posts 5 messages on the class discussion board automatically gets 15 which earns a Certificate of Participation. He/she can increase this mark if the quality of contribution is good.
-For visiting the class at least 5 different days, a student gets a Certificate of Attendance and also automatically a mark of 5 out of 10.
-For returning all the assignments, a student gets the Certificate of Merit. He also gets 10 out of 40 for Assignments and Lessons. The other 30 marks will be in regard to the quality of the assignments.
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