Phil 2821 Extended Notes.docx

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Philosophy 2821F/G
Andrew Botterrell

Philosophy 2821FPhilosophy of Law Notes Law of tort y Area of law that is involuntary y Can be suedCriminal Law y The state and not the victim crown goes to court y A crime is something we all have on interestPrivate Law y Relationships between citizen and citizenPublic Law y Relationship between state and citizen 3 Questions of law 1 Should law enforce morality 2 Is it morally acceptable to break a law 3 What is the relationship between law and moralityReadings Cases y Opinionsjudgements y Judges bound by precidents y Courts bound by other courts that are higher up y Trials are questions of fact o AppealError in interpretation of the law y Supreme courtHighest court y Provincial court of appeal OntarioContract y Where does the law get involved o Read Carbolic SmokeballCase 1 Carbolic Smoke ballPrivate Law y Involves the legal relationships between private citizens o Government may sometimes act as a private citizenThree distinctive features of an action private law 1 The parties to it OB Smith v Jones 2 The remedy sought compensation a Problem that we wont fix b Suffered a loss wish to be repaired A loss or a gain c Fix the problem that one had caused Putinative damages Additional compensation for unfair treatment 3 The standard of Proof Burden a Most prove that something has happened b Burden falls on party on the accuser person bringing allegation c StandardHow convincing mus the case be beyond a reasonable doubt that a crime was committed d Balance of properties is it more likely that something did or did not happenContract Law Carbolic Smokeball y Claim that the contract was too vague y StandardHow would an ordinary person perceive the add y Objective Standard On reflection of what an ordinary person would see or believe y Subjective Standard When two parties have come to an argument on the contractThree elements of a contract 1 Offer 2 grounds 2 Acceptance 3 Consideration New Class Law of ContractCarbolic Smokeball y Contract was too vague y Not enforceable claims y Took an objective standard ordinary person y Contract is made up of a meeting of the minds o Yet treated it by having others outside contract make decisionDenies offer for two reasons 1 Was not a proper offer a Instead something else i Was a puff improve reputation of product ii Offer was not unreasonable iii Leaving themselves to unidentifiable claims iv However acted as though offer was sincere 2 Was an offer to receive an offer a Invited you to take an offer i Offer D made when one comes up with the money ii Court denied both parties 3 Must notify people of acceptance a Notify of participation i This case you do not need to notify acceptance ii Not reasonabley To enter into a contract you must represent yourselves with a case that you are willing to stand by y Social contract theoryPolitical authority is on grounds that public has consented or would consent to it if given a chance y A contract as people expressed the willingness to consent to do it y Must express intent to enter legal relation y Person must be aware that they are actually in a contract o Accepts a willingness to be bound4 Was NO consideration a Consideration because user went on to use product i Consideration Something of value is exchanged ii Contracts uphold these considerations or exchanges iii Value exists in promise iv The distinction bn a quid pro quo a gift 1 Would no longer be a gift if compelled to give itv Contract Something of value for something of value vi Had something that you did not have before b Historically law is a factor of trade i In CSB one person changed behavior based on offer 1 Went on to use CSB ii Consideration is that a person refrains or continues to do something on basis of another c People making themselves vulnerable due to reliance or acceptance of an offer
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