LW11011 PLS I - Week 1 Introduction to Private Law of Scotland I PDF

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Remember to Check-In ([email protected]) On-campus attendance & engagement Open the app / Your device will find the Click the ‘Check-In’ icon Wait until it turns solid calendar beacon green Online attendance & engagement Open the app / Click the Watch link Close the confirmation View your lesson on your calendar screen normal device Introduction LW11011 – WEEK to Private 1 READING - CHAPTER 1 Law of WOOLMAN & BL ACK Scotland Introduction to Private law Private law may be invoked in the resolution of disputes between persons - First, in the process of negotiation Ultimately, in the civil courts Essentially, the role of private law is to uphold rights and to enforce duties “The function of the law is to enable rights to be vindicated and to provide remedies when duties have been breached” per Lord Hope of Craighead, Chester v Afshar 1 AC Rights may be upheld, and duties enforced by the award of a remedy (or remedies) by court order.  Private law Obligatio Persons Things Actions ns Procedur Evidence e Structure of Private law: 4 categories… Persons Property Obligations Actions ….rights and ….rights in ….rights ….rules of duties ‘things’ against evidence arising from (property other and status rights) persons procedure (personal e.g. between e.g. ownership; rights) parent and rights in e.g. child. security. e.g. a debt; admissibility right to of evidence; damages for remedies. breach of contract. The Module The aim of this module is to introduce students to the study of Scots Private Law - with particular focus on Scots Contract Law. Develop your knowledge and understanding of: · personal rights and the obligations recognised in Scots law · legal personality and capacity · general principles of contract law · basic principles of civil evidence · basic elements of unjustified enrichment The Module: Assessment Written coursework due in week 7 (Monday 28th October by 12 noon) worth 30%. This is a problem-solving exercise and takes the form of a memo to a training partner advising on the client’s position in law. Multiple-choice exam undertaken in the December examination diet, worth 70%. (Note: Closed book carried out on campus and will be invigilated. Negative marked adopted) There will be a resit exam in the July 2025 resit diet (specific dates tbc) for those students still to pass the module at that stage. Law of Obligations Voluntary obligations arise Involuntary obligations from contract or from are imposed by law promise (unjustified enrichment and delict)  Nature of obligations Unjustifie d Contract Promise Delict enrichmen t The The The The obligation obligation obligation obligation is to pay is to carry is to is to make or perform out the restore the reparation terms of benefit for harm the that has wrongfully promise been caused transferre d Example of a simple unilateral obligation: B owes a debt to A = B (Debtor) Right under a duty to enforceable by pay A A (Creditor) (Creditor) against B So, an obligation can be described as a relationship of corresponding rights and duties between two persons. Contractual obligation (normally bilateral) B has agreed to paint A’s shed for £40 = B is under a A has the right duty to to compel perform performance B has the right A is under a to payment duty to pay General Principles of the Scots law of Contract There are many different forms of contract and many rules of law that apply only to certain types. E.g. contracts for the sale of goods or for services; contracts for the sale of land; contracts of employment; consumer credit agreements; contracts of insurance… Whatever the type of contract, recourse is made to general principles in questions of: formation; defective agreements; contractual terms; breach of contract and remedies Scots Law of Contract Why do we need a law of contract? Facilitates trade Underpins transactions Can be used to protect against abuse of power where parties are not of equal bargaining strength e.g. consumer contracts. Is there a difference between Scots and English Contract Law? Only English law has doctrine of consideration in contract, only Scots law has doctrine of promise. Some distinct sources, many sources common to both. What questions do we need to ask? Is there a contract? What is in the contract? Can it be enforced? Can a person ‘get out’ of the contract? When will it come to an end? Principal remedies in contract Specific Declarat Payment Damage impleme Interdict or s nt Next….. Formation of contract Remember to have a look at the overview and reading document for week 1