Contract and Unjustified Enrichment Whole Course Lecture notes 2020
20 views 0 purchase
Course
Contract and Unjustified Enrichment (LAWS08127)
Institution
The University Of Edinburgh (ED)
Book
Contract Law in Scotland
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 ...
Contract and Unjustified Enrichment: unjustified enrichment lecture notes
Contract and unjustified enrichment unfair contract terms lecture notes
Contract and unjustified enrichment Enforcement of obligations: Judicial remedies
All for this textbook (9)
Written for
The University of Edinburgh (ED)
The University of Edinburgh
Contract and Unjustified Enrichment (LAWS08127)
All documents for this subject (9)
Seller
Follow
nataliefowler
Content preview
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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller nataliefowler. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.42. You're not tied to anything after your purchase.
