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Laws Of Obligation
Orthodox Contract Theory
Analytical Contract Theory
Normative Contract Theory
General Obligation Q's
100

What are the main categories of the laws of obligation ?

Contract Law, Tort Law and Equity

100

What are the core elements required in a contract in common law for it to be enforceable?

Intent to make legal relations

Certainty

Consideration 

Offer and Acceptance

100

What are the main types of analytical contract theory?

Will Theory, Reliance Theory and Transfer Theory

100

What is the main idea expressed through Utilitarian approach to contract law?

That contract law exists to ensure the most efficient transactions between parties, providing security for performance and to maximise welfare/utility of society.

Contract law allows deferred transactions to exist, similar to the concept of 'detrimental reliance' 

100

How do you establish tort liability in a case of negligence?

  • A duty of care is owed from Defendant to Plaintiff
  • That duty of care is breached by the Defendant
  • There is a causal link between the breach and the plaintiff’s loss
  • The loss is not too remote to be attributed to the plaintiff.
200

What is the main difference between Common Law and Civil Law requirements to have an enforceable contract?

Civil Law doesn't require consideration between the parties. Within civil law you can have a unilateral contract.

200

What are the vitiating factors that can make a contract void or voidable?

Unconscionable Bargain

Undue Influence

Duress

Mistake

Misrepresentation

Illegality


200

What is ONE objection to Reliance Theory

Remedies take a retrospective approach, in that they try limit the harm on the promisee by taking them back to the position they were in before the contract was undertaken.

Normally, remedies should try to be forward looking, to ensure that the promisee is in the best equivalent position they should be in if the contract was performed as per the agreed terms.

200

What does the rights based approach to contract theory claim?

That people enter into contracts to exercise their autonomy of free will.


200

What is the legal test for Tort law and the duty of care?

The but for test. 

300

What are the main obligations within a Fiduciary relationship?

Confidence and No Profit 


Their is a duty of loyalty so the trustee acts in the best interest of the beneficiary

300
How can a contract be discharged?

Either through Performance, Cancellation via Serious Breach or Frustration. 

300

Economic Theory of Contract uses this fundamental concept to evaluate contractual transactions.

Efficiency/Pareto Efficiency. The 'better off' the parties are, the more the general welfare of the parties increase, and so consequently the welfare of society as a whole.

300

What is a significant objection to Utalitarian contract theory?

Because of efficient interaction, breach of contract can be seen as the most efficient transaction, but this questions the morality of performance of the contract.

OR this can be summarised as 'unrealistic assumptions about human nature'

300

What are the main sources of Law within Sharia Legal Tradition?

Quran, Hadith, Sunnah

400

What is a core doctrine of Civil Contract Law that is not found within it's Common Law Equivalent?

Doctrine of Good Faith. 

400

What are the kinds of damages that are available as a remedy for a breach of contract?

1. Nominative Damages 

2. Liquidated Damages (damages are expressed in terms of contract)

3. Unliquidated Damages (unforeseeable damages as assessed by the court)

400

What is the core idea of Will Theory of Contract

Contracts are an expression of the mutual will and choice of the parties in question. Could also be seen as the significance given to the Autonomy of Will of people.
400

What is a main concept underlying Rights Based approach to contract law?

Rights based theories regard contractual obligations not to infringe individual rights, and regard contract law as giving legal force to such obligations.

Contract law is therefore concerned with the duties that contracting parties owe to each other rather than any broader social goal. 

400
How does efficiency theory (analytical) approach the idea of implied terms of contract?

Efficiency theory sees that implied terms increase efficiency of the transaction so promote overall welfare

500

When comparing Contract law to Tort Law, what is the main distinction that differentiates the two areas?

Contract law is a voluntary assumption of obligation, whereas in Tort Law obligations are imposed on the parties by the state.

500

Contractual Liability is strict except for two exceptions, what are those exceptions?

Frustration: When something before or during the signing of the contract makes it impossible to enforce the terms of the contract

Express Termination Clause: 

500

What are the two main categories of Contract Theory and what are they attempting to answer?

1. Analytical Theory. These theories attempt to answer what happens when you enter a contract, and what a contract is. (Will Theory, Reliance Theory, Transfer Theory)

2. Normative Theory. These theories attempt to justify why we enter into a contract at all and the justification of that reason. (Utilitarian and Rights Based)

500

Promissory theories (will theory) and Transfer theories are Analytical theories that follow the same concept of the rights-based approach, how are the 'rights' different in each theory?

Transfer theories regard these rights as having being transferred by contracts, wheras promissory theories regard them to have being created by contracts.


500

What is an unilateral contract within common law?

The contract is a 'promise of performance' and when the performance is initiated by the promisee, it becomes a bilateral contract.