SOSC 1375 Lecture Notes - Breach Of Promise

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Published on 10 Aug 2012
York University
Social Science
SOSC 1375
SOSC 1210- Lecture 1
What is Socio-Legal Studies?
It is NOT the study of law, at least not in the way one would study law in a law school
How do you study law in a law school in Canada?
6 Elements of Valid Legal Contract
An INTENTION to create a legal relationship--there must be two parties who indicate in some way that
they intend to enter into a contractual relationship
An OFFER- must be communicated
An ACCEPTANCE- an action must be taken indicating acceptance of offer
CONSIDERATION- there must be something that is offered and accepted
CAPACITY to contract- one has to be legally capable of contracting
LEGALITY- agreements that offend the public good are unenforceable because the subject matter of the
agreement is illegal
Socio-Legal Studies
From a socio-legal perspective, however, the change in legal status of the promise to marry is
the most interesting question
Certain social assumptions about marriage, and of the partners to a marriage, must have
changed for the "heart balm" law suits to have disappeared.
What are those assumptions?
Why and how did they change?
These are some of the questions a socio-legal theorist asks
socio-legal studies is interested in the relationship of law to society--both in the sense of how
social norms and values underlie existing law, and in how law acts to shape social interactions
and social change
Law is a socially embedded institution, and the letter of the law
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