A Week 1: Introduction

Question 1

What is the difference between public and private law?

Answer 1

Public law: state and relations with persons in state

Private law: relationship with people within a state

Question 2

What are the two types of rights of things?

Answer 2

Real rights against everybody- property

Personal rights against particular people- obligations

Question 3

How do obligations divide themselves?

Answer 3

Voluntary and involuntary

Question 4

What are voluntary obligations?

Answer 4

Contracts and promises

Bi/multi/uni lateral agreements

Question 5

What are involuntary obligations?

Answer 5

Once enforced by law

Delict, Unjustified Enrichment, negotiorum gestio

Question 6

Difference between gratuitous contract and unilateral promise?

Answer 6

Gratuitous contract requires agreement, unilateral doesn’t.

Question 7

What is privity of contract?

Answer 7

Only parties who make or agree the contract can have rights and duties under a contract. Can transfer rights to third parties in some cases.

Question 8

Is there a requirement of good faith?

Answer 8

Yes, as per Smith v Bank of Scotland