UNIVERSITY OF ZIMBABWE
LAW OF CONTRACT LB102 (2017)
COURSE OUTLINE
1. THE COURSE
Title: The Law of Contract
Course Code: LB102
Contact Hours: 4 hours per week and 8 hours of tutorials over the semester
2. PURPOSE OF THE COURSE
This course is foundational to all commercial and corporate law courses
offered in the LLBS programme.
This course is a compulsory foundational course in the first year of the LLBS
(Hons programme).
Later courses build on knowledge acquired from this course.
Students should therefore endeavour to clearly understand the principles of
the Law of Contract.
3. AIMS OF THE COURSE
The basic aim of the Law of Contract is to equip the student with knowledge of
the legal framework within which individuals can freely contract in Zimbabwe.
Zimbabwean contract Law has developed through the ages as a common law
course which is very heavily based on judicial precedent (case law). Reliance
will be placed on case law and relevant statutory references.
The course is intended to equip the students with both theoretical and
practical tools to enable learners to understand, interpret, draft and enforce
contracts in Zimbabwe.
To identify gaps in the current law of contract and consider possible reforms to
the law of Contract using international best practices.
4. COURSE VENUE
Faculty of Law building, Moot Room.
5. COURSE CONTENT
5.1 INTRODUCTION (2 Lectures)
What is a contract?
Basic concepts in the law of contract
Doctrines undergirding the law of contract
Sources of the law of Contract
The meaning of an offer and an invitation to treat
5.2 ESSNTIAL ELEMENTS OF A VALID CONTRACT (8 Lectures)
5.2.1 Offer and acceptance
Consensus ad idem
Animus Contrahendi
Contractual Capacity
Performance
Certainty
Formalities – where it is required under positive law e.g with the sale of
immovable property and contracts of marriage
Legality – the ex turpi causa rule, its application and the exceptions thereto
The doctrine of privity of contracts
5.2.2 The meaning and consequences of acceptance
5.2.3 Termination of an offer – acceptance, expiry of fixed time, counter offer, death
of either party before acceptance
5.2.4 The meaning of quasi-mutual assent – the Smith vs Hughes doctrine
5.2.5 Contracts made by post, telephone, telefax, email and other means of
electronic communication like skype
5.3 TERMS OF CONTRACT (4 Lectures)
What are terms of a contract
Express terms
Implied terms – terms implied by law and terms that are meant to give
business efficacy to the agreement
Warranties and Special terms
Rectification of contracts and the prohibition of “snatching at a bargain”
The effect of exemption clauses and their control
5.4 FACTORS VITIATING A CONTRACT (5 Lectures)
Void contracts – illegality, impossibility and lack of locus standi
Voidable contracts
Misrepresentation
Duress
Undue influence
Mistake
Bribery of an agent
5.5 BREACH OF CONTRACT (3 Lectures)
What is breach of contract?
Categories of breach
Defences available to the Innocent Party
The ways in which a contract may be discharged
5.6 REMEDIES FOR BREACH OF CONTRACT (6 Lectures)
Preliminary issues and equitable remedies for breach of contract
Specific Performance
Interdicts
Declaration of Rights
Cancellation
Damages for breach of contract
5.7 TERMINATION OF CONTRACTS (4 Lectures)
Termination by agreement and by breach
Termination by operation of law
Supervening impossibility, the concept of vis major and casus fortuitos
6. METHODS/STRATEGIES OF TEACHING
There will be four lectures a week (two hours per lecture)
The lectures will be a combination of general discussion, case studies,
contract drafting and problem solving
Students will also have 8 hours of tutorials. The tutorials will be a combination
of tutorial questions and moots. The essence of tutorials is to enable the
students to apply the principles of the law of contract to actual contract law
cases that happen day to day.
7. STUDENT ASSESSMENTS
Student assessment will be in the form of course work (20%) and a three-hour
examination (80%).
Course work will be in the form of an assignment, a test and or group work
(moot).
The examination will have 7 questions divided into essay questions (section
A) and problem type questions (section B). Students are required to answer
two questions from each section. Students are permitted to bring in the course
outline, the prescribed statutes and where available, an unannotated list of
cases.
8. RECOMMENDED READING AND REFERENCES
A GENERAL TEXTS
Bhana, D; Bonthuys, E & Norje, M Students’ Guide to the Law of Contract
(2009) Juta & C0, Capetown, 18
Christe, RH (1994) The Law of Contract Butterworths: Durban
Christe, RH (2003) The Law of Contract 4 ed. LexisNexis Butterworths:
Durban
Christe, RH Law of Contract in South Africa (2001) 4 ed. Butterworths:
Durban
Joubert, DJ (1987) General Principles of Law of Contract Juta: Johannesburg
Kerr, AJ (1989) The Principles of the Law of Contract 4 ed. Butterworths:
Durban
Seddon, N; Bigwood, R; Ellinghaus, A (2012) Cheshire and Fifoot’s Law of
Contract 10 ed.LexisNexis: Australia
Van der Merwe, S; Van Huyssteen, LF; Reinecke, MFB; Lubbe, GF and Lotz,
JG (1993) Contract: General Principles Juta & Co. Ltd: Western Cape
Wessels, JW & Roberts, AA (1951) The Law of Contracts in South Africa 2ed.
Butterworths: Durban
B STATUTES
Banking Act [Chapter 24:20]
Companies Act [Chapter 24:03]
Constitution of Zimbabwe Amendment (No. 20) of 2013
Consumer Contracts Act [Chapter 8:03]
Contractual Penalties Act [Chapter 8:04]
Damages (Apportionment and Assessment) Act [Chapter 8:06]
General Law Amendment Act [Chapter 8:07]
Hire Purchase Act [Chapter 14:09]
Insolvency Act [Chapter 6:04]
Marriages Act [Chapter 5:11
Married Persons Property Act [Chapter 5:12]
Mental Health Act [Chapter 15:06]
Prescription Act [Chapter 8:11]
Regional, Town and Country Act [Chapter 29:12]
Road Traffic Act [Chapter 13:11]
State Liabilities Act [Chapter 8:14]
