City University of Hong Kong

Course Syllabus

offered by School of Law

with effect from Semester A 2020/21

Part I Course Overview

Course Title: Law of Contract I

Course Code: LW2602A

Course Duration: One Semester

Credit Units: 3

Level: B2

Medium of
Instruction: English

Medium of
Assessment: English

Prerequisites: Completion of GE1401 University English and one GE Discipline

(Course Code and Title) Specific English course for BBA students

Precursors:
(Course Code and Title) Nil
LW2102 Law of Contract (LLB) (The semester A part of the old
curriculum)
LW2102A Law of Contract (AMLLB) (The semester A part of the old
curriculum)
Equivalent Courses: LW2602 Law of Contract (LLB) (The semester A part)
(Course Code and Title) LW5602A Law of Contract I

Exclusive Courses:
(Course Code and Title) Nil

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Part II Course Details

1. Abstract

This course aims to –

 provide student a strong foundation in the principles and doctrines of contract law;
 critically analyse the doctrinal and policy tensions which shape contract law;
 marshal the law to solve practical problems;
 examine the linkages between contract law, tort law and the law of unjust enrichment; and
 lay the foundation for study of subject areas grounded in contract law e.g. banking law,
corporate law, insurance law.

2. Course Intended Learning Outcomes (CILOs)

(CILOs state what the student is expected to be able to do at the end of the course according to a given standard of
performance.)

No. CILOs# Weight DEC related

ing* learning outcomes
(please tick where
appropriate)
A1 A2 A3
1.  Describe and explain the basic 20% 
principles of contract and the different
components of the law of contract.
2.  Apply the principles of contract law to 40%  
solve legal problems by:
 reading and interpreting cases
 interpreting statutes
 dealing with facts
 conducting legal research
 solving problems
 developing persuasive arguments
 using legal authorities
 writing and communicating orally.
3.  Critically analyse and evaluate legal 40%   
principles and doctrines in the law of
contract in the light of doctrinal
coherence and the policy objectives of
the law.
* If weighting is assigned to CILOs, they should add up to 100%
100%.
#
Please specify the alignment of CILOs to the Gateway Education Programme Intended Learning outcomes
(PILOs) in Section A of Annex.

A1: Attitude: Develop an attitude of discovery/innovation/creativity, as demonstrated by students possessing

a strong sense of curiosity, asking questions actively, challenging assumptions or engaging in inquiry
together with teachers.
A2: Ability: Develop the ability/skill needed to discover/innovate/create, as demonstrated by students
possessing critical thinking skills to assess ideas, acquiring research skills, synthesizing knowledge
across disciplines or applying academic knowledge to self-life problems.
A3: Accomplishments: Demonstrate accomplishment of discovery/innovation/creativity through producing
/constructing creative works/new artefacts, effective solutions to real-life problems or new processes.

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3. Teaching and Learning Activities (TLAs)
(TLAs designed to facilitate students’ achievement of the CILOs.)

TLA Brief Description CILO No. Hours/week

1 2 3 (if applicable)
Lectures Students will be introduced to the basic    2
principles of contract law, including through
interactions (in the form of discussions, debates
or student presentations) with the lecturer and
amongst themselves in the course of the
lectures.
Students will read cases to prepare for lectures,   
interpret statutes and develop persuasive
arguments in class discussion.
Students will explore relevant issues of law and   
address the theoretical underpinnings of various
topics.
Tutorials Students will be given the opportunity to clarify    1
or raise further questions with regard to the basic
principles of contract taught in the lectures.
Students will apply legal principles to the   
solution of problems. This may be done in the
form of discussions, debate or presentations
Students will critically analyse and evaluate   
legal principles and doctrines In discussions of
tutorial questions, whether problem-based or
essay-based.
Develop self-confidence in application of legal   
principles, advocacy skills and public speaking.
Foster students’ growth through development of   
greater intellectual and interpersonal maturity.

4. Assessment Tasks/Activities (ATs)

(ATs are designed to assess how well the students achieve the CILOs.)

Assessment Tasks/Activities CILO No. Weigh Remar

1 2 3 ting* ks
Continuous Assessment: 40%
Assignment 40%
Students’ ability to describe and explain the basic principles 
and the basic components of the law of contract will be tested.
Examination: (duration: 2 hours , if applicable) 60%
Students’ understanding and mastery of the foundational  
principles and their interaction inter se.
Students’ ability to muster her legal knowledge to address  
hypothetical problems.
Students’ ability to critique and evaluate the rules and   
principles.
* The weightings should add up to 100%. 100%

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Grading of Student Achievement: Standard (A+, A, A-…F).

To pass this course, student must obtain an aggregate mark of 40% and a minimum of 30% in each
of the continuous assessment and the examination elements of the assessment.

To do well in the course, students need to go beyond knowing the legal propositions; a mastery of the
subject matter requires an understanding of the potential for further shaping the legal rules and
principles and how this can be accomplished. This involves knowing the theoretical underpinnings
as well as the policy rationale for the diverse legal rules and principles. As such, the “knowing about”
law that comes from reading the textbook is insufficient for scoring good grades; to do well, students
need to read the primary material analytically and to develop a deep understanding of the material; it
is by reflecting on the material that one appreciates the theoretical and policy dimensions and thereby
develop an appreciation for how the law evolves. As the topics which constitute contract law are
inter-related, students need to look out for the many linkages between them.

Good preparation involves first, reading the material, second, appreciating how and why the law is
shaped the way it is, and third, considering how one may meaningfully apply the law and argue for
the adjustment of its contours. Quality class participation and written work should demonstrate deep
understanding and thoughtful assessment of the law.

The final examination will be 2 hours (open book format).

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5. Assessment Rubrics
(Grading of student achievements is based on student performance in assessment tasks/activities with the following rubrics.)

Assessment Task Criterion Excellent Good Fair Marginal Failure

(A+, A, A-) (B+, B, B-) (C+, C, C-) (D) (F)
1. Examination 1.1 Perspicacity in High Significant Moderate Basic Inadequate
identifying the nature
of the legal issue/s
implicated

1.2 Sophistication in High Significant Moderate Basic Inadequate

analysis

2. Assignment 2.1 Depth of research High Significant Moderate Basic Inadequate

2.2 Synthesis and High Significant Moderate Basic Inadequate
argument

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Part III Other Information (more details can be provided separately in the teaching plan)

1. Keyword Syllabus

Nature and purpose of contract law; sources of contract law; offer; invitation to treat; acceptance;
intention to create legal relations; consideration; estoppels; certainty and finality; privity; different
types of terms such as conditions, warranties, and innominate terms; implied terms.

Detailed Syllabus
The following topics are studied in detail:

1. Formation of contract; distinction between an offer and an invitation to treat; acceptance;

unilateral and bilateral contracts.
2. Consideration; executed and executory consideration; past consideration; distinction between
consideration and motive; distinction between sufficiency and adequacy of consideration.
3. Intentional to create legal relations; presumptions in social and commercial contexts.
4. Completeness of terms and uncertainty in contract
5. Terms of a contract; ; difference between a condition, warranty and an innominate term; implied
terms; distinction between a representation and a term; policing unfair or onerous terms.
6. Frustration of contract
7. Breach and its consequences
8. Remedies for breach of contract; damages; action for a fixed sum; specific performance;
injunctions.

2. Reading List

Texts:
McKendrick, Contract Law, 13th ed (Basingstoke : Palgrave Macmillan. 2019)
Casebook:
McKendrick, Contract Law: Text: Cases and Materials, 8th ed (Oxford University Press. 2018)
Additional readings
Edwin Peel, Treitel, The Law of Contract, 14th ed (London: Sweet & Maxwell. 2015)

Ordinances/Bills
Sale of Goods Ordinance (Cap 26).
Electronic Transactions Ordinance (Cap 553).
Supply of Services (Implied Terms) Ordinance (Cap 457).
Control of Exemption Clauses Ordinance (Cap 71).
Misrepresentation Ordinance (Cap 284).
Unconscionable Contracts Ordinance (Cap 87).
Law Amendment and Reform (Consolidation) Ordinance (Cap 23).
Contracts (Rights of Third Parties) Ordinance (Cap 623).

The written law may be downloaded from https://www.elegislation.gov.hk/

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