Philosophy 2821F/G Study Guide - Final Guide: Private Law, Savings Account

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Document Summary

Depends on parties in the legal dispute. Public: a public entity v. someone else (doesn"t have to be a person/could be a corporation etc. ) States are able to enter into a private contract (as an employer not as an issuer of legislation) Most private aspect of private law persons are able to generate their own legislation between two people most basic legal relationship no institution, just two parties bound together. Law of contracts show which of the arrangements entered into have a legal impact. Creating between themselves legal rights, duties and responsibilities that did not otherwise exist before the contract (creating a new mini piece of legislation) Institutions only involved in process by creating the framework that creates, enables and enforces the contract. Breaching of contract: other party is enable to use institutions to try to enforce contract state is a facilitator more than a pursuer.