Introduction to Private Law

Private Law

A branch of law that upholds rights and enforces duties between private individuals.

Categories of Private Law

Four main categories: Persons, Property, Obligation, and Action.

Private Law - Persons

Refers to rights and duties arising from status, such as between parent and child.

Private Law - Property

Concerns rights in things, including ownership and security rights.

Private Law - Obligation

Involves rights against other persons, typically personal rights like debts and damages.

Private Law - Actions

Involves rules of evidence and procedures, such as admissibility of evidence.

Voluntary Obligation

Obligation that arises from a contract or promise.

In-Voluntary Obligation

Obligation imposed by law, such as unjustified enrichment and delict.

Nature of Obligations - Contract

The obligation to pay or perform as per contractual terms.

Nature of Obligations - Promise

The obligation to carry out the terms of a promise.

Nature of Obligations - Unjustified Enrichment

The obligation to restore a benefit that has been transferred unjustly.

Nature of Obligations - Delict

The obligation to make reparation for harm wrongfully caused.

Unilateral Obligation

An obligation where one party is indebted to another.

Bilateral Contractual Obligation

Both parties are indebted to each other under a contract.

General Principles of Scots Law of Contract

Principles that apply to formation, defective agreements, contractual terms, breach, and remedies.

Why do we need law of contract?

Facilitates trade, underpins transactions, and protects against power abuse.

Difference between Scots and English Contract Law

Scots law has the doctrine of promise; English law has the doctrine of consideration.

Principal Remedies in a contract

Declaration

Payment

Specific Implement

Interdict

Damages

Contract Formation Questions

Questions to consider:

Is there a contract?

What is in it?

Can it be enforced?

How can it be terminated?

Can a person ‘get out’ of it?