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Obligations Notes - Law

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Carleton University
LAWS 2202
Neil Sargent

Obligations LAWS2202Email Neilsargentcarletonca MaterialsJust Between the Law and Us Vol II ObligationsSargent and AtkinsonPrivate Law Social LifeLexis Nexis Atkinson publisherPrivate law legal obligations of citizens within societycontracts voluntary obligations torts imposed by law not chosen duty of care fiduciary based on trust imposed by law but sometimes contract one person owes duty to other because they have obligation to watch out for persons best interest exCar accident Jahovas witness doesnt want transfusion card but is unconscious Doctor has an obligation to look after the best interest of the person medically Doctor was sued because he transfusedTort right to own bodyCare order can be given to child welfare authority to take custody of minors in cases where parents do follow their obligations lack capacity of reason link to reasonable accommodation Sources of Private Law Obligations Contract tort fiduciaryDonoghue v Stevensen Snail in the bottle case plaintiff suing for damages sick lost wages looking for whom they can hold accountableA company owned by another company ie bottling company owned bymanufacturer who can you sue Both one ManufacturerBottlingdistributerretailers Whos to blame Contract between manufacturer and distributer etc so the distributor ownsthe property and then sells it to the retailer Who then sells it to the publicQuality control Manufacturer owes duty of care through qualitycontrolopaque bottlenot retailers fault What about the government Have to show degree of negligenceregulationPlaintiffs friend bought the drink but there is no contract in gifts Contract law theory There are legal obligations separate from torta Sale of goods act S 15 12 The goods have to be reasonably fit for their purpose So the goods were not merchantable The friend gave it to plaintiff who had no responsibility to make sure that the drink was ok noncontractualrelationship You cant sue on behalf of friendCould possibly sue for negligence the manufacturerWhich requires proof where there is a problemManuf said that their duty of care lies with their contract dis Expanded limits to include people who do not purchase directlyObligations Day 2Theories of Contractual ObligationVoluntary Obligation we choose our obligationsCommon senselegal sense ex Godfather horse head producer circumstantial ev Signature is an indication of the voluntary agreement of the signee Reads voluntaries backwards onto intention The onus is on the person trying to get out of the contract Voluntary until proven otherwise Whats the nature of the legal obligation created by the voluntary ob 1 Promise Theory of Contract The Covenant TheoryPromise carries a bigger weight SHOULD not be brokenmoral obligation stigma for breaking promisescovenant powerful source of obligation religiously between god andpeoples Unbreakable binds future even in face of extraneousfactors We can rely on promise Applies to future gensUnbreakable despite change of circumstances or willpunished rather than compensatedMorality over rationalitySHIFT FROM PROMISE Marriage contractdesigned explicity as a convenant contract different from commercial contract Family contract changing recently the boundaries between 1 and 2 have changed Can this contract be revoked Divorce Used to be very few grounds for divorce Only the innocent party could divorceWhich means you can use WILL to divorce now 2 Will Theory of Contract The Bargain TheoryDoesnt have anything to do with social identityOnce terms are settled there is a binding agreementIm entitled the benefits from the contractie car dealership suing for damages when the person doesntgo through with the contract both undertake obligations considerationfinancial damages Damages for breaching contractNot there to make you follow through with obligations but there tocompensate for damages or losses You can break the contract
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