lecture one Flashcards
Q: What is the law of Contract part of?
A: It is part of the law of Obligations.
Q: What are the other parts of the law of Obligations?
A: Promise, Unjustified Enrichment, Negotiorum Gestio, and Delict (not covered in this module).
Q: What does the law of Obligations refer to?
A: It refers to the rights one person (A) has against another person (B) and the corresponding duties that B owes to A.
Q: Can Person A enforce the right against Person C?
A: Generally, no. A can enforce the right against B, not against an unconnected person C.
Q: What are Person A’s rights referred to as?
A: They are referred to as “personal” rights.
Q: What are Person B’s duties referred to as?
A: Person B’s duties are referred to as obligations.
Q: What terms are used for Person A (the one with the right)?
A: The terms used are “obligee” or “creditor.”
Q: What terms are used for Person B (the one with the duty)?
A: The terms used are “obligor” or “debtor.”
Q: Is A’s right considered an asset?
A: Yes, A’s right is considered an asset, a type of property.
Q: What does “person” refer to in legal terms?
A: A “person” can be a human, company, or other entity with legal personality (e.g., partnership, council, government body).
Q: How is a contract defined?
A: A contract is “an agreement between two or more persons having the capacity to make it, in the form demanded by law, to perform acts which are not trifling, impossible, or illegal.”
Q: Does a contract always need to be a formal, written document?
A: No, a contract does not always need to be written. It can be any agreement between the parties requiring action/performance by at least one party.
Q: Can you give examples of contracts?
A: - Contract of sale (e.g., buying a house or a can of coke)
Contract of lease/hire
Loan contract
Contract of carriage
Contract of employment
Services contract (e.g., legal or repair services)
Q: What types of contracts mix more than one category?
A: A mobile phone contract, which can mix hire, sale, and services.
Q: What happens if one party doesn’t comply with their obligations under a contract?
A: The obligee can seek to enforce the contract, asking the court to compel performance or provide a substitute (e.g., damages).
Q: How many parties are needed for a contract to be formed?
A: Two or more parties are needed for a contract to be formed.
Q: What are the two types of contracts?
A:
Onerous (bilateral/mutual): Both parties have obligations.
Gratuitous (unilateral): Only one party is obliged to perform.
Q: What is the key difference between English law and some other legal systems regarding gratuitous contracts?
A: English law requires sufficient consideration for a contract to be valid, whereas other legal systems may be more open to recognizing gratuitous contracts.
Q: What is the influence on the development of contract law?
A: It has been influenced by Roman law, Canon law, Scottish common law, and English common law.
Q: What is the difference between a promise and a gratuitous contract?
A: A promise is a unilateral, gratuitous obligation where only one party performs, and no agreement or acceptance from the beneficiary is needed. In a gratuitous contract, both parties agree, but one is not obligated to perform.
Q: What is required for a promise to be binding?
A: The promisor must have a final and definite intention to be bound by the obligation, and this intention must be expressed in clear words.
Q: Does the beneficiary of a promise need to accept it for it to be binding?
A: No, the beneficiary does not need to accept or even be aware of the promise for it to be enforceable.
Q: Can a promise be conditional?
A: Yes, a promise can be conditional, meaning it is binding only if certain conditions are fulfilled.
Q: Is there a difference between a promise and an agreement?
A: Yes, a promise does not require an agreement from both parties, while an agreement involves mutual consent.
Q: What is an example of a unilateral obligation (promise)?
A: Steve promises to give Dustin £100 if Dustin finds Steve’s dog. Dustin does not undertake any obligation until the condition (finding the dog) is fulfilled.
Q: What happens if John promises to sell a painting to Stuart for £1000?
A: Stuart does not have to buy the painting, but if John sells it to someone else or tries to charge more, he will be in breach and liable to pay damages to Stuart.
