Philosophy 2080 Lecture Notes - Lecture 7: Res Ipsa Loquitur, Meeting Of The Minds, Contingent Liability
6 Feb 2018
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Argument was res ipsa loquitor (the thing speaks for itself), in a case where you don"t have any evidence as to what exactly happened it is essentially useless. This argument is seldom useful because people use it when they don"t really know what has happened. Not every agreement is legally enforceable, some are not. Examples of contract: concurrent legal obligation (purchase of a coffee (expectation of payment and is technically legally enforceable)) Executor of an estate settling a claim against the estate must be in writing. Guarantor to a contract. (contingent liability - responsibility for someone else"s troubles) If you can argue that a verbal contract has all the elements of a written contract then it is legally enforceable. In tort law, we know that this is the law of the judgement on human activity + compensation of the plaintiff. But the opposing argument is the bargain theory (reciprocity, what is equal value.
