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LAWG 100D1- Final Exam Guide - Comprehensive Notes for the exam ( 72 pages long!)Premium

72 pages109 viewsFall 2016

Department
Law General
Course Code
LAWG 100D1
Professor
Alexander Pless
Study Guide
Final

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McGill
LAWG 100D1
Final EXAM
STUDY GUIDE
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CONTRACTUAL OBLIGATIONS WEEK 1:
September 13th
Professor Jukier research focuses
1. Remedial aspect of contract law --remedies for breach of contract
2. Intersection between religion and contract law
3. Legal pedagogy
Syllabus:
Bring Civil Code to class EVERYDAY
All other readings are on MyCourses
Recommended Sources: For instances where pieces of law just don't click
o Civil law: 7th edition of Les Obligations
o Common law: J.D. McCamus, the law of contracts (2012)
Contractual Obligations:
Contracts is a foundational law course
o More relevant to our everyday lived
o Contracts form PRIVATE law
Reflects relationships between private individuals
Obligations
o "is a juridical link between people whereby one of them, a debtor, is bound to do or
not to do something to the other, a creditor" (art 1373 C.C.Q)
o They can arise involuntarily (ECO) ex: you broke your neighbours window
o They can arise voluntarily through juridical acts
Bilateral - requires two entities <----- this is what we will study
Unilateral - ex: will
Not all are contracts
o Insights about how people do or do not run everyday life
o Sets out the normative boundaries about how people deal with each other
Word association exercise:
Legally binging, obligations
Offer, accept, considerations/Compromise, consent
Money/loss
Clauses/ parties/verbal or written/limits
Breach/remedy
Meeting of minds/voluntary
Create a relationship
Promise *Key to contracts*
Negotiate
What is a Contract?: Portrayal versus relativity
Physical piece of paper (blue backed contract) in a official form
o Official looking
find more resources at oneclass.com
find more resources at oneclass.com
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SIGN contract
Clean Slate!
BUT In fact;
o Cotrats do’t HAVE to e i ritig
o No particular form
o Do’t hae to e siged - vast number that we engage in aren't because they are
online
o NOT a clean slate
Open to interpretation - words are ambiguous, limiting, unclear
Cannot foresee all possible outcomes of situations and can't always
adequately prepare for the future
Ex: churchill falls
Enforcement relies on access to justice
If case is for less than $50,000, its unlikely that you will go to court as
legal fees and court fees are going to be higher
Loopholes
Clause that parties have agreed to but did not anticipate could be used
in a particular way
Subject to public order and social dimensions of a contract
Law doesn't necessary enforce contracts depending on what issues they
address (ex: surrogate motherhood in Quebec)
Legal Scholars definition of a contact:
K is a promise that the law will enforce -- Waddams
K is an enforceable promise -- McCamus
Self-imposed promissory obligations -- Smith
Promise versus reliance? --Atiyah
o No consideration of promisee reliance for the civil law
Perspective of the promisee
o People don't really care that there is an apparatus to have recourse, they just want
the promisor to follow through with that was promised
Contract according to the Civil Code of Quebec (1994):
Artice 1378 : "An agreement of wills by which one or several persons obligate themselves
to one or several other persons to perform a prestation"
Article 1373: defines a prestation as the object of the obligation quite simply what the
debtor is bound to render the creditor - namely to do or not to do something
Pothier in 1761: " K is primarily an agreement based on the intention of the parties, and
their will creates the legal obligation"
Autonomy of Will Theory
o Law creating document by two indivuals or parties
Questions to consider in readings: Why people enter into contracts, why do contracts exist,
why/how does the law enforce contract, is contract law important at all?
find more resources at oneclass.com
find more resources at oneclass.com
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