The following methods of instruction will be utilized:
- lectures
- class discussions
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
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.
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% |
Textbooks and Materials to be Purchased by Students
Texts:
Atkinson, L. and Sargent N. (2003). Private Law, Social Life: An Introduction, Toronto: LexisNexis Canada.
Atkinson, L. and Sargent N., eds. (2005). Just Between the Law and Us, Toronto: Captus Press.
Other:
The texts will be supplemented by legislation and case law. These will be accessed through web-links provided to students.