Contract Law - Lecture 2 Situating the Law of Contract in the English Legal System: History, Role and Context Categories of English Law " Public - Criminal - Constitutional · Private - Property - Obligations - Contract, Tort, Unjust Enrichment Public Law " Deals with the relationship between citizens and the state " Sets out the basic rules of societal living " Provides the consequences for breach of such rules Example - Criminal Law, Constitutional Law Example (Criminal Law - Public Law) " Jack is found in possession of controlled drugs " Contravention of the Misuse of Drugs Act · Criminal Law - The 'State' will prosecute - Public Law Private Law " Concerned with issues/disputes between private bodies, individuals, companies " The State provides the legal framework for settling the disputes, but the parties are private persons or entities " Note: a public body can be involved in a private dispute and private law will apply Example (Property Law - Private Law) " Jill owns a house in Lincoln, with a large back garden " Becky decides to encroach into Jill's back garden " Property Law - Private Law Example (Contract Law - Obligations - Private Law) " Andy agrees with Bill to repair Bill's leaking roof for the price of £500 " Roof is repaired and Bill has refused to pay - Breach of Contract " Obligations (Contract Law) - Private Law Example (Tort Law - Obligations - Private Law) " Anna is trying to cross over the David Chiddick Building for a lecture " Tony, who works for Island Pizza Ltd is driving negligently and hits her leg, Anna breaks her leg and wants compensation " Obligations (Tort Law) - Private Law
Example (Public Bodies - Private Law) " Grantham City Council borrows money from a bank " The British museum sells an artwork to Ben for his gallery HM Treasury office buys a new property from Plum Ltd - All public Bodies, Involve Private Transactions, Private Law will apply Property Rights " Rights in rem - property rights " Rights attach to a 'thing' " Rights connect a person to the thing " Example: ownership of a house attaches the owner to that house and rights emerge against any others to prevent interference in relation to that house Personal Obligations " Rights in personam · Deals with the relationships between persons " Connects one person to another person " The connection isn't the thing, even though a thing might be the subject of the obligation created " Example: if I promised to sell my car to you for £500, the car is the subject of the obligation, however, our rights rest in the obligation we have made to each other Contract Law - features " Part of the Law of Obligations " Voluntarily created and assumed " Can create obligations for future performance " Standards of performances are usually in accordance with the terms of the contract " Remedies are aimed at putting the claimant in