Phil 2821 Notes.docx

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Philosophy 2821F/G
Andrew Botterrell

2821 Philosophy of Law Notes Contract LawContract law is a way of showing the simplest arrangements of private law This involves voluntary interactions that bring people into legal relationships Once these parties have a contractual relationship what happens when this party affects people outside of the contract Example Case Tweedle and Atkinson Both parents of a marrying couple agree to give the new family a certain amount of money They agree that they can be held legal liable for the money So John the other parent party can enforce it but the newlyweds cannot However the court says that the contract is only enforceable between those who made it The court says you cannot grant a third party the right to enforce a contractThis is one of the best examples of Privity of contract Only parties of a contract can enforce that contract Privy of contract has been largely eroded Differences between common law and statutes Common law comes from judgements precedence Statutes are passed by a body of governmentJudgement law changes very slowly because they are bound by a case by case action Legislators can change things overnightThere is also Civil law which has a civil code containing the law of contract and law of torts These really on broad notes on statutesFreedom of contract is the right to enter into contract with whomever one chooses on whatever terms one uses Tort Law Tort means wrongBody of Tort Law A body of rights obligations and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others Tort is a civil wrong as opposed to criminal wrongs ignoring breach of contracts We talked about the foundations of liability and the scope of liability Tort involves involuntary interactions that bring people into legal relationships
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