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Private law > notes on the 'Advanced Intro to Private Law' > Flashcards

notes on the 'Advanced Intro to Private Law' Flashcards

1
Q

What is private law about, and how does it differ from public law?

A

Private law: Deals with the rights and duties of individuals. Public law: Concerns the organization of the state and the relationship between the state and citizens.

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2
Q

What are some key areas private law addresses?

A
  1. Property transfer and ownership.
    1. Contract formation (e.g., buying, insuring, franchising).
    2. Compensation for unlawful conduct.
    3. Family law (e.g., marriage, divorce, children).
    4. Succession law (e.g., wills, inheritance).
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3
Q

What is Aristotle’s perspective on private law?

A

Aristotle emphasized that private law contributes to individuals “living the good life” by enabling autonomy and structured interactions.

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4
Q

What is codification in private law, and what is its purpose?

A
  • Codification unifies diverse laws, simplifies, consolidates, and restates existing laws.
    • It provides consistency and clarity, allowing individuals and businesses to rely on standardized legal frameworks.
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5
Q

What is “soft law” in private law?

A

Soft law refers to non-binding instruments like:
* Restatements.
* Guidelines.
* Principles.
* Model rules.
These influence legal development without formal legislative power.

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6
Q

What are the primary aims of private law?

A
  1. Creates incentives for proper behavior.
    1. Penalizes wrongful actions.
    2. Attaches consequences to behavior.
    3. Ensures corrective and distributive justice.
    4. Guides individuals’ behavior in society.
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7
Q

Define private law and its main focus.

A

Private law: Regulates rights and duties among individuals.
* Main focus: Well-being of individuals, enabling them to shape legal relationships by choice (e.g., contracts, property ownership, family matters).

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8
Q

How does private law differ from public law?

A
  • Private law: Governs interactions between individuals (e.g., contracts, family, property).
    • Public law: Deals with the state’s organization and its relationship with citizens (e.g., constitutional law, criminal law).
    • Private law promotes autonomy, while public law emphasizes the common good.
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9
Q

What are examples of areas covered by private law?

A
  1. Contracts: Agreements between individuals (e.g., buying goods).
    1. Property: Ownership and transfer rights.
    2. Family law: Marriage, divorce, and child custody.
    3. Succession law: Inheritance and wills.
    4. Compensation: Claims for unlawful conduct.
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10
Q

What is codification in private law? Why is it significant?

A

Definition: Codification unifies, simplifies, and consolidates diverse laws into written statutes or codes.
* Significance: Ensures clarity, consistency, and accessibility in legal systems.

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11
Q

What is soft law in the context of private law? Give examples.

A
  • Definition: Non-binding legal instruments that influence legal systems and behavior.
    • Examples:
    • Restatements.
    • Guidelines.
    • Model rules.
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12
Q

What are the main aims of private law?

A
  1. Create incentives for lawful behavior.
    1. Penalize wrongful actions.
    2. Attach legal consequences to behavior.
    3. Ensure corrective and distributive justice.
    4. Guide individuals’ behavior.
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13
Q

Define a contract.

A

A contract is a legally binding agreement between parties that may be written, verbal, or implied.

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14
Q

What are examples of contracts in everyday life?

A
  1. Buying goods at a supermarket.
    1. Taking out insurance.
    2. Visiting a doctor.
    3. Downloading software.
    4. Opening a franchise.
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15
Q

What are the principles of contract law?

A
  1. Contractual freedom: Parties decide terms voluntarily.
    1. Binding nature: Contracts are enforceable promises.
    2. Protection mechanisms: Law may strike down unfair terms or address fraud, misrepresentation, or legal incapacity.
    3. Default rules: Law provides general rules for issues not specified in contracts.
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16
Q

What is a gratuitous promise? How is it treated under common law?

A
  • Gratuitous promise: A promise made without expecting anything in return.
    • Common law: Requires such promises to be written in a deed for legal enforceability.
17
Q

What is meant by “offer and acceptance” in contract formation?

A
  • A contract is formed when one party makes an offer, and the other accepts it.
    • Acceptance must align with the offer’s terms.
18
Q

How do civil and common law differ in enforcing contracts?

A
  • Civil law: Focuses on enforcing contracts as moral devices, promoting performance.
    • Common law: Focuses on monetary compensation unless specific performance is necessary.
19
Q

What remedies are available for breach of contract?

A
  1. Performance: Enforcing the contract’s terms.
    1. Damages: Monetary compensation for losses.
    2. Termination: Canceling the contract and reclaiming what was provided.
20
Q

What is tort law?

A
  • Tort law responds to wrongs for which another person (tortfeasor) can be held responsible.
    • Purpose: To compensate victims for harm caused by unlawful conduct.
21
Q

What is fault liability in tort law?

A
  • Fault liability arises when harm is caused intentionally or negligently.
    • Key test: Reasonable care—Did the defendant act as a reasonable person?
22
Q

Define strict liability in tort law.

A

Strict liability: The tortfeasor is held liable for harm regardless of fault or negligence (e.g., harm caused by hazardous activities).

23
Q

What remedies exist in tort law?

A
  1. Compensatory damages: Cover actual losses.
    1. Punitive damages: Punish wrongful behavior.
    2. Injunctions: Prevent harmful actions.
    3. Nominal damages: Acknowledge a legal wrong without substantial loss.
24
Q

What is property law about?

A
  • Governs ownership, transfer, and use of property.
    • Ensures economic stability by protecting ownership rights.
25
Q

Define absolute rights in property law.

A
  • Absolute rights: Enforceable against everyone (e.g., ownership).
26
Q

What is the numerus clausus principle in property law?

A
  • Limits the number of recognized real rights (e.g., only a fixed set of rights like ownership or leaseholds are permitted).
27
Q

What is the numerus clausus principle in property law?

A
  • Limits the number of recognized real rights (e.g., only a fixed set of rights like ownership or leaseholds are permitted).
28
Q

What are servitudes in property law?

A

Servitudes: Real rights allowing limited use of another’s property (e.g., easements).

29
Q

What is the primary focus of family law?

A

Regulates the legal consequences of intimate relationships (e.g., marriage, divorce, parental responsibilities).

30
Q

How is marriage defined in family law?

A

Marriage is both a social institution and a legal contract that embodies ideals of love, fidelity, and shared responsibilities.

31
Q

What is the legal standard for resolving child custody disputes?

A

Best interests of the child: Includes emotional needs, stability, health of parents, and the child’s preferences.

32
Q

How do financial consequences of divorce impact individuals?

A
  1. Maintenance payments: Support for ex-partners or children.
    1. Property division: Equal sharing of marital assets.
    2. Poverty risk: Divorced women and single-parent families are more vulnerable.
33
Q

What is succession law?

A
  • Deals with transferring property after death.
    • Options include intestate succession (default rules) or testate succession (wills).
34
Q

What is freedom of testation, and how is it limited?

A
  • Freedom of testation: The right to decide how assets are distributed after death.
    • Limits: Protect family members (e.g., compulsory shares for children or spouses).
35
Q

Define intestate succession.

A

Intestate succession: Distribution of assets according to default rules when there is no valid will.

Private law (5 decks)

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