Intro to Contract & Law of Obligations

Question 1

What is a similarity between contract & tort law?

Answer 1

Both concern obligations between private parties whether they’re individual or corporate (businesses)

Question 2

Define judicial precedent

Answer 2

A court’s decision that creates a legal principle that must be followed by lower courts when dealing with future cases that are similar.

Question 3

Identify two features of the law of obligations (filling out a duty)

Answer 3

Can be voluntarily chosen, e.g choosing to enter into a contract
Imposed by the law to prevent a tort (wrondoing) or unjust enrichment (gained compensation)

Question 4

What did Lord Burrows identify as a legal obligation?

Answer 4

• Expectations engendered (caused) by a binding promise which should be fulfilled (contract), e.g paying for something in return for a product
  Compensation must be granted for wrongful infliction of harm (tort), e.g death due to negligence
  Unjust enrichments should be reversed (law of unjust enrichment / restitution), e.g overpayment of special damages