College of Law, Government And International (UUM COLGIS) UNIVERSITI UTARA MALAYSIA COURSE SYLLABUS COURSE : CODE : LAW OF CONTRACT II GLUP1063 Synopsis Contract Law II is a continuation of Contract Law I. All the elements for voidable contracts and illegal contracts are discussed in detail. Besides, another important aspect relating to the law of contract, namely the law of agency is also highlighted in this course. Among topics included in this course are the types of voidable contracts and unenforceable contract. Further, the course covers the topics among others, the performance and discharge of contract as well as remedies for breach of contracts. Finally, it highlights the important topics regarding the law of agency. Course Learning Outcomes Upon completion of the course, students are able to 1 Identify between the types of void contracts, voidable contracts and unenforceable contracts.(A1,P1,C1,C4,A4) 2 Apply the principles of performance and discharge of contracts, frustration, breach of contracts and remedies.(C3) Analyse the legal elements in the law of agency such as creation of agency, types of agents, duties and responsibilities of agents and principals and termination of agency.(C4) 3 Tranferable Skills (if applicable) Knowledge and Understanding (LOC1), Cognitive Skills (LOC2), Communication Skills (LOC3c) Teaching Method ONLINE LEARNING STUDENT CENTERED LEARNING/OTHERS TRADITIONAL LECTURE TUTORIAL References
COURSE : CODE : LAW OF CONTRACT II GLUP1063 1 Alsagoff, S.A. ( 2015). Principles of the Law of Contract in Malaysia (2nd ed) ,Kuala Lumpur:Malayan Law Journal 2 Cheong May Fong ( 2009). Contract law in Malaysia : ,Kuala Lumpur:Sweet & Maxwell Asia 3 Krishnan Arjunan & Abdul Majid bin Nabi Baksh ( 2008). Contract law in Malaysia : : Malayan Law Journal 4 Furmston, M. P. ( 2007). Cheshire, Fifoot and Furmstons law of contract (15th ed) ,Oxford:Oxford 5 Lee Mei Pheng & Ivan Jeron Detta ( 2009). Business law ( 1st ed) ,Oxford:Oxford University Press 6 Sinnadurai, V. ( 2004). The law of contract in Malaysia and Singapore, cases and commentary : ,Singapore:Butterworths. Topic Content
COURSE : CODE : LAW OF CONTRACT II GLUP1063 Topic Hours 1) Coercion 2 1.1) Coercion (section 15 of the Contracts Act 1950 1.2) Coercion under English law 1.3) Coercion under Contracts Act 1950 and Penal Code 1.4) Coercion or economic duress 2) Undue Influence 2 2.1) Definition of undue influence (section 16 of the Contracts Act 1950) 2.2) Proof of undue influence 2.3) Burden of proof 2.4) Effects of undue influence 3) Fraud 1 3.1) Definition of fraud (section 17 of the Contracts Act 1950) 3.2) Differences of fraud between English law and the Contracts Act 1950 3.3) Fraud by silence 3.4) Burden of proof 4) Fraud (continue) 1 4.1) Duty to speak in contracts 4.2) Remedies for fraud 4.3) Situations where the rights for remedies are lost by virtue of section 19 of the Contracts Act 1950 5) Misrepresentation 2 5.1) Definition of misrepresentation under section 18 of the Contracts Act 1950 5.2) Types of misrepresentation 5.3) Voidable contracts due to misrepresentation 5.4) Remedies for misrepresentation 5.5) Exceptions under section 19 of the Contracts Act 1950 6) Mistake 1 6.1) Mistake under the Contracts Act (section 21, 22, 23 of the Contracts Act 1950) 6.2) Mistake by both parties: section 21 6.3) Mistake by one party: section 23 7) Mistake (continue) 1 7.1) Mistake as to law : section 22 7.2) Mistake as to written agreement 7.3) Mistake under English Law 7.4) Remedies
COURSE : CODE : LAW OF CONTRACT II GLUP1063 8) Performance And Discharge Of Contracts 1 8.1) Definition of performance and discharge of contracts 8.2) Situations for performance of contracts 8.3) Discharge of contracts 9) Frustration 1 9.1) Overview 9.2) Instances of frustration 9.3) Instances of no frustration 9.4) Self-induced frustration 9.5) Consequences of frustration 9.6) Laws in England 10) Breach of Contracts 1 10.1) Examples of breach of contracts 10.2) Effects of breach of contracts 10.3) Relief under sections 40 and 65 Contracts Act 1950 10.4) Effects under English law 11) Remedies For Breach of Contracts 1 11.1) Definition 11.2) Types of remedies available 11.3) Remedies under Specific Relief Acts 1950 11.4) Specific Performance 11.5) Injunctions 12) The Law of Agency 1 12.1) Introduction 12.2) Creation of agency by express appointment, implied appointment, ratification, necessity & estoppel 12.3) Types of agent 12.4) Sub agent & substituted agent 12.5) Duties and responsibilities of agents towards his principals 13) The Law of Agency (continue) 1 13.1) Duties and responsibilities of principals towards agents 13.2) Authorities of agent- actual and ostensible 13.3) Breach of authority 14) The Law of Agency (continue) 1 14.1) Effect of contract entered by agent 14.2) Termination of agency 14.3) Termination of agency by principal, agent and operation of law
COURSE : CODE : LAW OF CONTRACT II GLUP1063 Assessment Weightage % ASSIGNMENT 1 15 ASSIGNMENT 2 15 FINAL EXAM 40 ONLINE QUIZ 10 TEST 20 Assessment