law - week 10 - introduction to civil law - the obligation

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11 Terms

1
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taxonomy

naming, describing, classifying things

2
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obligations we impose upon ourselves

contracts

3
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obligations that are imposed upon us

tort/delict

4
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delict

wrongful act causing damage to someone’s family or property

5
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tort

wrong that interferes with a person’s legally protected interests

6
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elements you need for something to be a tort/delict

  1. duty: requirement to do/refrain from something

  2. breach of duty: duty wasn’t performed/partially performed

  3. injury: person whose right corresponds to the breached duty is injured

    1. causal link between the breach of the duty and the injury

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causal meaning of a contract

unsigned document that if signed would memorialize a promise signed agreement exchanging promises

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formal meaning

an enforceable promise

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fiduciary duty

duty to act in the interest of the beneficiaries for acting in one’s own interest

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when is a promise enforceable

  • lawful purpose

  • consideration

  • capacity

  • offer and acceptance

  • legally prescribed content

  • written

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acceptance

agreement to the offer, exactly as the offer was made