Philosophy 2080 Chapter Notes -Liberal Democracy, Rule Utilitarianism, Expectation Damages
3 Feb 2014
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Contract law: contract = agreement that is legally enforceable, most contracts are verbal simple contracts. If there is an intended legal consequence of your agreement, implied or expressed, verbal or written then the agreement is potentially a contract: private law but parties to contract create their own legal rights & obligations. In tort law court imposes rights and obligations after the fact. Legal issues are mostly about: whether court will give effect to what parties have agreed to (have they successfully contracted) & whether the parties have done what they promised to do: determining what the parties intended when they made their agreement parties sometimes disagree with the precise meaning of the agreements they have made. Terminology: elements of a contract, must be present to successfully form a contract. Intention to create legal relations: not every agreement is a contract, ex. Sometimes a person lacks capacity because they are too young. A person who is mentally infirm would lack capacity.
