Philosophy 2821F/G Study Guide - Final Guide: Private Law, Punitive Damages, Public Law
27 Apr 2015
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Private law= areas of law relations citizens have amongst themselves: e. g. contracts. Public law= areas of law between the state and citizens: states can enter into contracts and therefore would be private law. Carbolic smoke ball case: offered a ball to avoid flu, offered 100 pounds and other rewards, woman got flu and tried to sue but there was no contract. Elements of a contract: offer, acceptance, consideration. Terms of contracts: must be sufficiently precise, the parties must intend to enter into a legal relationship. Day 6: duty of care, standard of care, cause (in fact/ factual cause) Remoteness (cause in law, legal cause, proximate cause) But-for= necessary condition: your action wasn"t necessary for your injury. Tort law: civil wrong, area of law that is involuntary, can be sued. Criminal law: the state and the victim go to court. Private law: relations between citizen and citizen, government may sometimes act as a private citizen.
