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The following themes form touchstones for candidates throughout the course.
1. Public versus Private
There remains the idea of a bright line separating these two areas of law. In contract and torts, though, there is a blurry distinction.
Even though this is private law, there is much involvement by government through statutes or regulations. And so, the idea of freedom of contract, which asserts that the parties define the parameters of their obligations, is attenuated in certain respects. Moreover, there are pronounced considerations in torts that wander into the public law territory.
2. Voluntary and Imposed Obligations
Often contract and torts are divided by these headings (respectively). The distinction, though, remains important in the understanding of how these two areas are separated.
However, there is overlap that can complicate the presumed clarity. It arises more clearly in torts under the concept of an assumption of responsibility. This topic will be returned to in the negligence section of torts, in particular with the concept of the duty of care.
3. Indeterminacy (remoteness in contract/liability in torts)
Focus is maintained in the law of obligations on the notion of damages being awarded to a contained group/class of individuals.
Indicative Topic List:
Contract Topics
Misrepresentation
Interpretation of contracts
Termination of contracts
Vitiating factors
Remedies
Tort Topics
Misrepresentation
Business torts (such as intentional interference with contractual relations, intimidation, intentional interference with economics relations by unlawful means)
Defamation
Privacy
Breach of confidence
Remedies
Delivery methods |
Hours |
Lectures |
24 |
Labs / Practicals |
0 |
Tutorials |
0 |
Planned learning activities |
0 |
Independent student activities |
98 |
Total |
122 |
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