Full lecture notes for contract and unjustified enrichment at the university of edinburgh including most of the compulsory reading.
Introduction to obligations, formation of contract, validity of contract, breach of contract, enforcement of obligations: judicial remedies, unfair contract terms and ...
Introduction to obligations: Lecture one
Tuesday, 15 September 2020
18:06
Green: lecture handout notes
Blue: lecture notes
Purple: additional info (textbooks/cases)
CUE: Introduction to obligations: WK 1 L1
western Europe private law (from roman)
Contract law: centuries old, slow developing (case law/textbooks)
Law: Rights (to demand things happen/don’t) + Duties (to do/ not do things
enforced by courts/arbitration)
A. THE STRUCTURE OF PRIVATE LAW
Public law: relationship between people in state with gov and other states
(international public law) courts resolve disputes about public law rights + duties
Private Law: relationship between persons (inc. non-human persons) within state
(without state involvement; disputes not involving state)
Public bodies are private persons when contracting with companies
Divisions of private law:
Persons (legal actors; have rights + duties; includes partnership (separate entity from
partners) + companies
Things: (subjects of legal rights) 1. Rights of property (ownership) rights against
everybody (one owner) 2. Rights of person to things; against particular person (to use
and prevent others use); tangible/corporeal (land/goods) or intangible/incorporeal
(Common obligation)
Actions: Enforcing rights; court action/claim
B. WHAT IS AN “OBLIGATION”?
Legal tie (juris vinculum): identifies binding rights+ duties to
perform/refrain conduct
Person with right/whom obligation owed (obligee/creditor)
Person with duty/must perform obligation (obligor/obligant/debtor)
C. THE DIVISIONS OF OBLIGATIONS
(1) Voluntary Obligations
Contract: Legally binding agreement between 2 or more parties to
perform on one/both sides legal and possible actions ; prospective (looks
forward)
Establishing and implementing agreements between parties
Content of contractual obligations determinable by law rather
than parties
contract law + other laws of obligation linked; legislation
applicable In similar situations causing varied outcomes
Obligation of performance:
1. On one party (unilateral/gratuitous): unenforceable in some juridictions;
requires both parties agreement unlike unilateral promise
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