Rights And Duties Flashcards
What type of law is structured around rights?
Private Law
What are the five principle remedies for a breach in duty regarding a contract?
Specific implement, interdict, declarator, payment and damages.
What are damages?
You can sue for damages. Basically means ‘compensation.’
What is a declarator?
A declarator is a court issued document which sets out the roles and rights of each party.
What is interdict?
Interdict is an injunction. It is a court order preventing a party from doing something. It enforces obligation, e.g. a restrictive covenant that is upheld by the courts.
What is specific implement?
Payment of goods from the party in breach to the other, however, not money (as this comes under damages).
How do rights arise? What four different kinds are there?
- Human rights
- Rights arising from status e.g a child with a parent has the right to aliment (to be looked after).
- Property rights- rights in things, ownership
- Personal rights/ rights attaching persons to persons.
In the law of obligations, what is the role of the creditor?
The right of the creditor can be vindicated by them against the debtor. There is a creditor in ever obligation. Only the creditor has privity of contract however rights may be assigned during formation.
Who is the debtor?
The other party in the contract with the duty to perform. They have to, in cases of unilateral obligations, carry out their duty to perform as the creditor has the right to receive the performance.
What does ‘privity of contract’ mean?
Only the creditor has title to sue in the general case.
What rights are assigned in cases of bilateral obligations, particularly contracts for service?
Person A (the employer) would have the right to receive performance but the duty to pay. Person B (the performer) would have the duty to perform but the right to receive payment.
