Introduction to obligations: Lecture one
Tuesday, 15 September 2020
18:06
Green: lecture handout notes
Blue: lecture notes
Purple: additional info (textbooks/cases)
CUE: Introduction to obligations: WK 1 L1
western Europe private law (from roman)
Contract law: centuries old, slow developing (case law/textbooks)
Law: Rights (to demand things happen/don’t) + Duties (to do/ not do things
enforced by courts/arbitration)
A. THE STRUCTURE OF PRIVATE LAW
Public law: relationship between people in state with gov and other states
(international public law) courts resolve disputes about public law rights + duties
Private Law: relationship between persons (inc. non-human persons) within state
(without state involvement; disputes not involving state)
Public bodies are private persons when contracting with companies
Divisions of private law:
Persons (legal actors; have rights + duties; includes partnership (separate entity from
partners) + companies
Things: (subjects of legal rights) 1. Rights of property (ownership) rights against
everybody (one owner) 2. Rights of person to things; against particular person (to use
and prevent others use); tangible/corporeal (land/goods) or intangible/incorporeal
(Common obligation)
Actions: Enforcing rights; court action/claim
B. WHAT IS AN “OBLIGATION”?
Legal tie (juris vinculum): identifies binding rights+ duties to
perform/refrain conduct
Person with right/whom obligation owed (obligee/creditor)
Person with duty/must perform obligation (obligor/obligant/debtor)
C. THE DIVISIONS OF OBLIGATIONS
(1) Voluntary Obligations
Contract: Legally binding agreement between 2 or more parties to
perform on one/both sides legal and possible actions ; prospective (looks
forward)
Establishing and implementing agreements between parties
Content of contractual obligations determinable by law rather
than parties
contract law + other laws of obligation linked; legislation
applicable In similar situations causing varied outcomes
Obligation of performance:
1. On one party (unilateral/gratuitous): unenforceable in some juridictions;
requires both parties agreement unlike unilateral promise
Tuesday, 15 September 2020
18:06
Green: lecture handout notes
Blue: lecture notes
Purple: additional info (textbooks/cases)
CUE: Introduction to obligations: WK 1 L1
western Europe private law (from roman)
Contract law: centuries old, slow developing (case law/textbooks)
Law: Rights (to demand things happen/don’t) + Duties (to do/ not do things
enforced by courts/arbitration)
A. THE STRUCTURE OF PRIVATE LAW
Public law: relationship between people in state with gov and other states
(international public law) courts resolve disputes about public law rights + duties
Private Law: relationship between persons (inc. non-human persons) within state
(without state involvement; disputes not involving state)
Public bodies are private persons when contracting with companies
Divisions of private law:
Persons (legal actors; have rights + duties; includes partnership (separate entity from
partners) + companies
Things: (subjects of legal rights) 1. Rights of property (ownership) rights against
everybody (one owner) 2. Rights of person to things; against particular person (to use
and prevent others use); tangible/corporeal (land/goods) or intangible/incorporeal
(Common obligation)
Actions: Enforcing rights; court action/claim
B. WHAT IS AN “OBLIGATION”?
Legal tie (juris vinculum): identifies binding rights+ duties to
perform/refrain conduct
Person with right/whom obligation owed (obligee/creditor)
Person with duty/must perform obligation (obligor/obligant/debtor)
C. THE DIVISIONS OF OBLIGATIONS
(1) Voluntary Obligations
Contract: Legally binding agreement between 2 or more parties to
perform on one/both sides legal and possible actions ; prospective (looks
forward)
Establishing and implementing agreements between parties
Content of contractual obligations determinable by law rather
than parties
contract law + other laws of obligation linked; legislation
applicable In similar situations causing varied outcomes
Obligation of performance:
1. On one party (unilateral/gratuitous): unenforceable in some juridictions;
requires both parties agreement unlike unilateral promise
