MASTER CERTIFICATE IN CONTRACT MANAGEMENT OVERVIEW
Master certificate in contract management is designed to introduce students to some important aspects of Business Law, particularly, the Law of Contract and Commercial Law to the students. The aspect of the law of contract will include definition and sources of law of contract, formation and ingredients of a valid contract, contractual capacity, vitiating elements and remedies for breach of contract. While the aspects of commercial law will include sale of goods, law of agency and Hire purchase.
COURSE JUSTIFICATION: – Commercial agreements have come to be a part of man’s daily activities. While some agreements are legally binding others are not necessarily binding, depending on the intention of the parties to such agreement. For an agreement to be legally binding, some elements need to be present which may be hitherto unknown to the intending parties to contract. It therefore becomes imperative to deal with those important elements in order to distinguish agreements that are legally binding from those that are not. Be that as it may, it is therefore necessary to introduce the students to specific principles guiding the formation of contractual agreements between the parties
MASTER CERTIFICATE IN CONTRACT MANAGEMENT COURSE OBJECTIVE
The general objective of the course is to introduce students to the basic principles of law of contract and commercial law. At the end of the Course, students are expected to:
- understand some aspects of business law in Nigeria
- appreciate that the law recognizes the freedom of individual to enter into contractual and commercial transactions
- appreciate the working of the guiding principles derived from the case law.
- understand the role of law of contract as the basis or foundation of business transaction in Nigeria
1.DEFINITION, SCOPE AND SOURCES OF BUSINESS LAW OBJECTIVE: –
At the end of week 1, students should be able to:
- explain the meaning and nature of business law.
- identify the sources of Business Law in Nigeria.
- analyse the importance of Business Law.
DESCRIPTION: – THE TOPIC WILL FOCUS ON THE FOLLOWING OUTLINE
The meaning of Business Law.
The scope of Business Law.
The sources of Nigerian Business Law.
CLASSIFICATION OF CONTRACT
Objective: – At the end of week 2, students should be able to:
- discuss the concept and various classifications of contract.
- distinguish various classifications of contract.
- state the importance of each classification under the Nigeria law.
Description: – The topic will focus on the outline listed herein under,
- The definition of contract.
- The different between mere arrangement and agreement in law.
- The importance of the Law of contract.
- Classification of contract with examples.
Cases: Amana suits hotels Ltd. v POP (2007) 6 NWLR (Pt.1 031) 453. Dalek Nig Ltd. v O.M.P.A.D.E,C. (2007) 7 NWLR ( Pi. 1033) 402. N.I.C.O.N Hotels Lt~.v None D.C. Ltd. (2007) 13 NVVLR (Pt.1051)237 C.A P.T.F. v W. P. C. Ltd. (2007) 14 NWLR (Pt.1055) 487 Shonanke v Sarki (2006) All FWLR (Pt.292) 131 Yaro v Arewa (2007) 17 NWLR (pt.1063) 333.
ELEMENTS/INGREDIENTS OF A VALID CONTRACT.
Objective: At the end of week 5, student should be able to provide basic information on:
essential elements of a valid contract effect and significance of each element in a formation of contract.
The meaning and description of each essential ingredients of a valid contract such as offer, acceptance, intention to create legal relation, consideration and capacity.
Effect of each ingredient of a valid contract.
With the aid of relevant authorities differentiate between offer and invitation to treat.
List and briefly explain the essential ingredients of a valid contract?
Consideration needs not be adequate but must be of real value.
Justify the statement basing your argument on relevancy.
CASES P.T.F. v W. P. C. Ltd. (2007) 14 NWLR (Pt.1055) 487 Shonbanke v Sarki (2006) All FWLR (Pt.292) 131 Yaro v Arewa (2007) 17 NWLR (pt.1063) 333. 5 Dahiru v Kumale (2006) All FWLR (Pt. 295)616S Currie v Misa (1875) L.R. 10 Ex. 153. Dorio v Salanke (2007) All FWLR (pt. 346) 5’16.
Meaning of vitiating factors,
Types of vitiating factors.( Illegality, mistake, duress, misrepresentation, undue influence, fraud, frustration etc),and The effect of vitiating factor.
Objectives: At the end of week 6, student should be able to:
explain vitiating elements of a contract identify vitiating elements/factors in a contractual agreement.
Analyse the legal status of vitiating elements/factors.
CASES Union Bank of Nigeria Pic. v Omniproducts (Nig) Ltd.(2006) All FWLR (Pt.323) 1726 Nigerian Agricultural and co-operative Bank Ltd. v Salem Farms Ltd (2006) All FWLR (Pt.320)1174 West Construction Co. Ltd. v Batalha (2006)AII FWLR (pt.315)1
Remedies for Breach of contract .
– Description: The topic will focus on the- outline:
Meaning of breach of contract.
Constituents breach of contract.
Remedies for breach of contract. (Damages, specific performance, injunction, recession, Quantum Meruit
Objective: At the end of week 7, student should be able to: explain remedies for breach of contract identify some of these remedies. UBA v B. T.L Ind. Ltd. (2007) AIlFWLR (Pt.352) 1615 Zenon Petroleum & Gas Ltd. v Idrisiyyah (Nig) Ltd. (2006) All FWLR (Pt.312) 2121 Nig.Dynamic Ltd. V Agbocha (2002) FWLR (ptl04)630 C. A
Week 6: Definition and Classification of commercial law
Description: The topic will focus on the outline:
Definition of commercial transaction Classification of commercial transaction a. Sales of goods b. Agency; and c. Hire purchase
Objectives: At the end of week 6, student should be able to
Know the definition of commercial transaction
Understand the various classification of commercial transaction
Week 7: Introduction to Sale of Goods:
Description: The meaning of sale and agreement to sell under the Sales of Goods laws,
Types of goods,
The meaning of condition and warranty,
Principle of Nemo dat non quad habet and Remedies available to the seller in case of breach of condition and warranty.
Objectives: At the end of week 7, student should be able to:
explain the meaning of sale and agreement to sell differentiate between sale and agreement to sell know the Laws regulating Sale of goods in Nigeria understand the circumstances under which a non-owner can pass valid title to a third party.
understand and appreciate remedies available to an innocent party in case of breach of condition and/or warranty.
Cases: Empil Ltd v Odili (1987) 4NWLR (Pt.67)915. Niblett v Confessionary Materials Co. Ltd (1921) 3 KB 387 Rowland v Divall (1973)2KB 500. Akoshile v Ogidan(1950) 19NLR87. Statute Sale of Goods Act, 1873.
Week 8: Revision and Continuous Assessment To revise the topics treated so far so as to further refresh the students’ memories To test the students on any of the topics treated so far.
Week 9: Introduction to Law of Agency Description: – The topic will focus on
the meaning and classification of Agency,
classification of agency relationship
Objective: – At the end of week 9, student should be able to:
explain the meaning of Agency understand laws regulating agency relationship in Nigeria
understand and appreciate the rationale behind the creation of agency relationship.
Cases: ￼0puo V NNPC (2001) 14NWLR (Pt.734) 552 Ofodile V Chinwuba (1993) 1 NWLR (Pt.268)151. Bayero v Mainasara & Sons Ltd (2007) All FWLR (Pt.359) 1285. Godwin v Christ Apostolic Church (1998) 14NWLR (Pt.584) 162 Odogwu v lIombu (2007) 8NWLR (Pt.1 037) 488 Daniel v Cross River Basin and Rural Development Authority & Ord. (2003) ￼￼￼￼￼FWLR (Pt. 165) 375. First Bank of Nigeria Pic. V Excel! Plastic Ind. Limited. (2003) FWLR (Pt.160) 1624.
Week 10: Rights and duties of principal.
Objective: – At the end of week 10, student should be able to:
explain the meaning of principal understand the rights of principal in agency relationship.
understand and appreciate the duties of principal ,
Description: – Meaning, Rights and Duties of principal in agency relationship
Cases: Akwara Metal Works & foundry v International Bank For West Africa Limited (2000) FWLR (Pt. 11) 1766.
Week 11: Rights and duties of an agent
Objective: – At the end of week 11, student should be able to:
explain the meaning of agent know and understand the rights of agent in agency relationship.
analyse and appreciate the duties of principal
Description: – Meaning, Rights and Duties of agent in agency relationship.
Introduction to Hire purchase Objective: – At the end of week 12, student should be able to:
understandand explain the meaning of Hire purchase analyse the laws regulating Hire purchase agreement in Nigeria Description: Meaning of Hire purchase Agreement/ contract, Laws regulating Hire purchase transaction in Nigeria and Creation of Hire purchase contract, and termination of Hire purchase
The certificate program is commonly designed for those who negotiate contracts both in the private and government sectors who wish to enhance their skills. The certificate program typically fulfills the requirements for becoming a professionally trained contracts administrator.
- Contracts administrator
- Contracting specialist
- Procurement agent
- Pricing analyst
- Subcontract specialist
It is a very nice, educative and informative program and as such I would recommend it very highly especially at JK Michaels.
It borders on efficiency and effectiveness so it is a must do for any would be enterpreneur
MAKINWA ODUOLA EBENEZERBRANCH COMPLIANCE OFFICER, OCEANIC BANK
Any serious minded person that wants results and value should attend JK Michaels.
ALABI OYEKUNLEOPERATION S MANAGER, STARLINE VENTURES
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