Introduction to Private Law

Question 1

Classifications of private law

Answer 1

Mackenzie: persons, things, actions

Stair: obligations, property, actions

Scotland Act 1998 s126(4)
General, persons, obligations, property, actions, judicial review

Question 2

Public law

Answer 2

Relationship between individual and state
Functions of institutions; police
Regulation of everyday life; utilities, water provision
Interaction between citizen and state; claiming benefits

Question 3

Private law

Answer 3

Private relationships (state may intervene e.g. marriage, divorce)
Relationships between legal/juristic persons
Relationships between people and legal persons

Question 4

Real rights and personal rights

Answer 4

Real right: ability to enforce rights anywhere in the world (e.g. relating to ownership of property)
Personal rights: relevant to obligations law, only enforceable against another person

Question 5

Structure of obligations: Stair

Answer 5

Conventional obligations; breach of contract
Obediential obligations; imposed on people independently of their will
Restitution
Remuneration
Reparation

Question 6

Structure of obligations: modern classification

Answer 6

Arising from conduct

Arising from wrong

Unjustified enrichment

Arising from other events