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    Damas Shiliye
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    The key sources of contract law in Tanzania are statutes, common law, international conventions and treaties, customary law, and precedent or case law. Statutes provide the principal legislation governing general contract law principles. Where statutes are silent, English common law applies. International agreements between states also serve as sources of law for international commercial transactions. Customary law governs customary contracts. Finally, principles established in past Supreme Court, High Court, and Court of Appeal decisions serve as additional sources of contract law.

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    A contract group

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    The key sources of contract law in Tanzania are statutes, common law, international conventions and treaties, customary law, and precedent or case law. Statutes provide the principal legislation governing general contract law principles. Where statutes are silent, English common law applies. International agreements between states also serve as sources of law for international commercial transactions. Customary law governs customary contracts. Finally, principles established in past Supreme Court, High Court, and Court of Appeal decisions serve as additional sources of contract law.

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    30 views2 pages

    A Contract Group

    Uploaded by

    Damas Shiliye
    The key sources of contract law in Tanzania are statutes, common law, international conventions and treaties, customary law, and precedent or case law. Statutes provide the principal legislation governing general contract law principles. Where statutes are silent, English common law applies. International agreements between states also serve as sources of law for international commercial transactions. Customary law governs customary contracts. Finally, principles established in past Supreme Court, High Court, and Court of Appeal decisions serve as additional sources of contract law.

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    of 2

    A contract may be defined as a legally binding agreement made by two or more parties.

    It
    has also been defined as a promise or set of promises a breach of which the law provides a
    remedy and the performance of which the law recognizes as an obligation. According to Anson,
    “A contract is an Agreement enforceable by law made between two or more persons by which
    rights are acquired by one or more to acts or forbearances on the part of the other or other’s”.
    According to Salmond, “Contract is an Agreement, creating and defining obligations. So the
    following below are the sources of the law of contract.

    Statutes; This are the source of the law of contract, the principle legislation that provides
    for the general principles of contract law in Tanzania is the Law of Contract Act. And also
    statutes categorized into two that the first is principle legislation foristance the law of contract
    Act, Cap 345, R.E 2019. Likewise subsidiary legislation may either be regulation, order,
    procamation rules foristence, Economic and Organised Crime Control Rules of 2016, The
    Capital Markets and Securities Regulations, 2016 and others.

    Common law; This provided under section 2(3) of the Judicature and application of laws Act
    Cap 358, R.E 2019. The substance of the Contract Act occasions a number of lacunas on some
    aspects of contract law. It means it does not provide for any principles for some of the matters
    relating to contracts and when this happens the applicable law would be the common law of
    England on contracts. Prof. Nditti, an expert in contract law of East Africa has this to say about
    the application of English common laws to Tanzania. “Where the contract Act is silent on any
    particular aspect of contract law, English common Law of contract as modified by equity and
    acts of parliament is applicable". Foristence in a case of Tanganyika Garage Limited v. Marcel
    G. Mafuruki (1975) LRT 23.

    International Convention/Treaties; These are international agreements concluded between


    two or more states either at their own or through an international organization. This source of
    law of contract is very significant in international trade transactions. Those who wish to engage
    in cross border business must identify the sources of law which governs such business with the
    foreigner before embarking into such ventures. Example of the basic international convention in
    business includes; The United Nations Convention on the Use of Electronic Communication in
    International Contracts , United Nations Convention on Contracts for the International Sale of
    Goods , United Nations Convention on International Bill of Exchange and International
    Promissory Note.

    Customary law; will apply to customary contracts. Customary laws in Tanzania are
    applicable by virtue of section 11(1) of the Judicature and Application of Laws Act, which is to
    the effect that customary law shall be applicable to, and courts shall exercise jurisdiction in
    accordance therewith in, matters of a civil nature.

    Precedent/ cases law; This are cases that have been decided by the Supreme Courts of
    Tanzania; the High Court and the Court of Appeal and which have established various principles
    on contract law are also sources of contract law.

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