EBC Learning Course on Contract Law Essentials Module 2 - Free Consent, Illegality & Public Policy

About this Course

Every day-to-day transaction involves the usage of contracts — whether it be entering into a contract with a client, or buying something from a shop. We learnt in Module 1 of Contract Law Essentials the essentials of contract formation.

This course builds on Module 1 and will walk you through the discussion on performance excuses, specifically those of mistake and frustration, then we go on to study when contracts can be avoided due to the presence of coercion, undue influence, fraud, and misrepresentation at the time of formation of a contract.

The course provides access to all the sections that you need to refer to, exercises, examination pointers and full text of 50+ cases from SCC Online. Exercises enable you to test your understanding of concepts and also prepare for your law school examination. Examination pointers are notes that guide you on what kind of questions you may expect in your law school examination and where to focus your study. The course is also linked to chapters from Avtar Sing's Law of Contract through EBC Reader. This, upon subscription of EBC Reader, provides quick access to relevant chapters from the book.

Why Take This Course?

This course is a comprehensive guide on privity of contracts and voidable contracts. It gives a detailed explanation of all the related concepts along with corresponding sections and cases for each topic. However, it is not limited to this, the course also has certain special features like examination pointers, access to full case text, and access to a discussion forum.

It is a one-stop-shop for every law student and professional to learn everything there is to learn about voidable contracts.

Instructor

ABHINANDAN MALIK

Abhinandan Malik has extensive knowledge in the area of Contract Law. He is the Director of Publications at EBC. He has 10 + years of editorial experience, guiding and editing publications at EBC. He is a graduate of NALSAR University of Law with an LLM from the University of Toronto. At the U of T, he has specialized in private law. His thesis was on the Horizontal Application of Fundamental Rights.

Certificate

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1. Introduction
1.1 Welcome

2. Performance excuses—Common and mutual mistakes (no free consent)
I. Relevant sections
2.1 Introduction
2.2 Common mistakes as to subject-matter
2.3 Mutual mistakes as to subject-matter
2.4 Mistakes with respect to the quality of subject-matter
2.5 Risks with respect to the subject matter
II. Exercises set 1
III. Exercises set 2
IV. Examination pointers
V. Full text of leading cases

3. Performance excuses—Unilateral mistakes as to subject matter and identity
I. Relevant sections
3.1 Unilateral mistakes as to subject-matter
3.2 When unilateral mistakes as to identity make a contract void
3.3 Establishing fundamental unilateral mistake as to the identity
3.4 Third parties and unilateral mistakes as to the identity
3.5 Unilateral risks
II. Exercises
III. Examination pointers
IV. Full text of leading cases

4. Performance excuses—Frustration (no free consent)
I. Relevant sections
4.1 Mistakes v. Frustration: Past v. Future
4.2 Frustration
4.3 Frustration v. Impracticality and business difficulty
4.4 Restitution of benefits
II. Exercises
III. Examination pointers
IV. Full text of leading cases

5. Avoiding enforcement (no free consent)
I. Relevant sections
5.1 Free consent and voidable agreements
II. Exercises
III. Examination pointers

6. Avoiding enforcement—Coercion (no free consent)
I. Relevant sections
6.1 Coercion and illegitimate pressure
6.2 Pressure should be genuine and affect the will of the plaintiff
6.3 Defendant should be responsible for the pressure
6.4 Economic coercion
II. Exercises
III. Examination pointers
IV. Full text of leading cases

7. Avoiding enforcement—Undue influence (no free consent)
I. Relevant sections
7.1 Undue influence—Unfair advantage
7.2 Undue influence—Deemed to be in a position to dominate
7.3 Unconscionability—Presumption of undue influence
7.4 Exercise of influence
II. Exercises
III. Examination pointers
IV. Full text of leading cases

8. Avoiding enforcement—Fraud (no free consent)
I. Relevant sections
8.1 Fraud by suggestion
8.2 Fraud by concealment
8.3 Fraud by breach of duty to disclose information
II. Exercises
III. Examination pointers
IV. Full text of leading cases

9. Avoiding enforcement—Misrepresentation (no free consent)
I. Relevant sections
9.1 Misrepresentation by a positive assertion
9.2 Misrepresentation by causing another to make a mistake
9.3 Misrepresentation by breach of duty to disclose information
II. Exercises
III. Examination pointers
IV. Full text of leading cases

10. Avoiding enforcement—Object or consideration is unlawful
I. Relevant sections
10.1 Object or consideration unlawful
10.2 Interfering with the course of justice and stifling prosecution S. 23
10.3 Object or consideration if permitted would defeat the provisions of any law
10.4 Object or consideration is fraudulent, implies injury, or is immoral or against public policy
10.5 Consideration or objects are unlawful in part
II. Exercises
III. Examination pointers
IV. Full text of leading cases

11. Avoiding enforcement—Against public policy and expressly declared to be void
I. Relevant sections
11.1 Introduction
11.2 Agreements in restraint of marriage
11.3 Agreements in restraint of trade—Restraint meaning
11.4 Agreements in restraint of trade—Exceptions
11.5 Agreements in restraint of trade—Reasonableness
11.6 Agreements in restraint of trade—Public policy and Competition Act
11.7 Agreements in restraint of legal proceedings (excluding the jurisdiction of courts)
11.8 Agreements by way of wager
II. Exercises set 1
III. Exercises set 2
IV. Examination pointers
V. Full text of leading cases

12. Conclusion
12.1 Concluding void agreements and voidable contracts

13. INDEX (FULL TEXT OF CASES)

INDEX: Full text of cases