Lecture 1 - introduction

Question 1

What are some basic questions to consider about legal issues?

Answer 1

• What are we? Humans/other entities
• What is property? Tangible/intangible, movable, real
• What can we do with property? Rules of trade? Rules of the game?

Question 2

What is an agreement between states often called?

Answer 2

A treaty / convention

Question 3

What is the foundation of Civil law?

Answer 3

European, based on written statutes and legal texts. Authoritative source of law, where courts interpret written laws.

Question 4

What is the foundation of Common law?

Answer 4

Found in English speaking countries. Courts develop the law in cases/judicial decisions and lower levels of court must follow their direction

Question 5

What is the IRAC method?

Answer 5

A method for resolving situations in civil law.

• I = Issue. Identify it.
• R = Regulation. What regulation covers the issue, link between action and outcome.
• A = Analysis. Compare rules with circumstances.
• C = Conclusion. How do we resolve situation based on analysis? (ex compensation).

Question 6

What does tort law concern?

Answer 6

Damages

Question 7

What characterises Tort law in common law?

Answer 7

We build a case and constitute rules as we go along. Breaches of duty are based on what is considered right in historical cases, and in new cases there is no framework for what is unlawful.

Question 8

How can you defend yourself when in tortious liability?

Answer 8

• Consent. If a person consents, no injury is done.
• Contributory negligence/carelessness
• Illegality

Question 9

What are examples of economic tort?

Answer 9

• Fraud
• Tortious interference
• Conspiracy. Deprive/deceive third party
• Restraint of trade