Private Law
Overview
1. Introduction and Overview
- The scope of private law
- The public/private distinction
2. The Concept of Legal Personhood
- The role of the individual and legal personhood
- Natural legal persons vs. artificial legal persons
- Legal personhood and the role of dependants
3. Contract Law: Relationships Based upon Agreement
- The importance of the elements of offer, acceptance and consideration
- The mental element of a contract: the intention to create legal relations and consensus ad idem
- Excuses for non-performance of a contract
4. Tort Law: Relationships Based upon Duties Owed to Others
- Civil wrongs vs. public wrongs
- Classification of torts: intentional vs. unintentional
- Intentional torts: assault, battery, false imprisonment, defamation, and trespass
- Unintentional torts: negligence and nuisance
- Liability in negligence
5. Property Law: Relationships Mediated by Interests in Property
- Classifications of property: real vs. personal; tangible vs. intangible
- Property rights: different interests in property
- The public interest and limitations on property rights
6. Trust Law: Relationships Based on Trust and Confidence
- The legal concept of equity and the concept of fiduciary obligation generally
- Fiduciary duty in the context of care and management of property: the trust
- Fiduciary duty outside the context of care and management of property
The following methods of instruction will be utilized:
- lectures
- class discussions
Evaluation will be based upon the course objectives and will be carried out in accordance with Douglas College policies. The instructor will provide a written course outline with specific evaluation criteria at the beginning of the course. Evaluation will be based upon the following:
- Exams
- Research paper or other written assignment
- Class attendance and participation
An example of one possible evaluation scheme would be:
| Class attendance and participation | 10% |
| Midterm exam | 30% |
| Research paper | 30% |
| Final exam | 30% |
| Total | 100% |
At the conclusion of this course the successful student will be able to:
- Describe the scope of private law and the importance of the public/private distinction.
- Explain the importance of the autonomy of the individual in the development of private law.
- Describe the concept of legal personhood as an artificial creation with reference to the role of natural persons and artificial persons in the Canadian legal system.
- Explain the requirements for a legally valid contract.
- Identify the circumstances in which non-performance of a contract is legally permissible.
- Describe the differences between public and private wrongs.
- Describe the classification of torts.
- Explain the different intentional torts including assault, battery, false imprisonment, defamation, and trespass.
- Identify and describe the unintentional torts of nuisance and negligence, and explain the basis for liability in negligence.
- Describe the legal classification of property in the Canadian legal system.
- Explain different types of legal interest a person may have in property.
- Describe the role of the public interest in placing limitations on property rights.
- Describe the concept of a fiduciary duty.
- Explain the difference between a trust and other fiduciary obligations.
- Describe the role of government in regulating private law relationships.
- Explain the role private law principles play in discrete areas of law including family law, consumer protection law, and aboriginal law.
- Read statute and case law critically and with good comprehension.
- Apply private law principles to real and hypothetical situations involving disputes arising out of private law relationships.
Textbooks will be updated periodically. Typical examples are:
Texts:
Atkinson, L. and Sargent N. Private Law, Social Life: An Introduction, 2nd Edition. Toronto: LexisNexis Canada. Current Edition.
Atkinson, L. and Sargent N., eds. Just Between the Law and Us, Toronto: Captus Press. Current Edition.
Other:
The texts will be supplemented by legislation and case law. These will be accessed through web-links provided to students.
Requisites
Prerequisites
Corequisites
Courses listed here must be completed either prior to or simultaneously with this course:
- No corequisite courses
Equivalencies
Courses listed here are equivalent to this course and cannot be taken for further credit:
- No equivalency courses
Course Guidelines
Course Guidelines for previous years are viewable by selecting the version desired. If you took this course and do not see a listing for the starting semester / year of the course, consider the previous version as the applicable version.
Course Transfers
These are for current course guidelines only. For a full list of archived courses please see https://www.bctransferguide.ca
| Institution | Transfer details for LGST 2210 |
|---|---|
| Alexander College (ALEX) | No credit |
| Athabasca University (AU) | AU LGST 3XX (3) |
| Coast Mountain College (CMTN) | No credit |
| College of the Rockies (COTR) | No credit |
| Columbia College (COLU) | No credit |
| Coquitlam College (COQU) | No credit |
| Kwantlen Polytechnic University (KPU) | No credit |
| Langara College (LANG) | LANG CRIM 2XXX (3) |
| Northern Lights College (NLC) | No credit |
| Simon Fraser University (SFU) | SFU CRIM 1XX (3) |
| Thompson Rivers University (TRU) | TRU SOCI 2XXX (3) |
| University Canada West (UCW) | No credit |
| University of British Columbia - Okanagan (UBCO) | UBCO ARTS_O 2nd (3) |
| University of British Columbia - Vancouver (UBCV) | UBCV SOCI_V 2nd (3) |
| University of Northern BC (UNBC) | UNBC SOSC 2XX (3) |
| University of the Fraser Valley (UFV) | UFV CRIM 1XX (3) |
| University of Victoria (UVIC) | UVIC SOSC 2XX (1.5) |
| Vancouver Community College (VCC) | No credit |
| Vancouver Community College (VCC) | VCC CRIM 2XXX (3) |
| Vancouver Island University (VIU) | VIU LAWW 2nd (3) |