Lecture

Contract Law Basics

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In course

ENG-383: An introduction to the law of architecture : contracts and competition

Ce cours a pour objet l'étude des notions fondamentales en droit public et en droit privé de la construction et entend sensibiliser les étudiant-es à des problèmes concrets liés à l'exercice de la profession d'architecte. ...

Description

This lecture covers the fundamental concepts of contract law, emphasizing that a contract is based on the will of the parties involved. The instructor explains how a contract can be formed without a written document, highlighting the importance of clear communication and mutual agreement. Various examples are provided, illustrating the significance of written contracts in complex transactions. The lecture also delves into real rights, contrasting them with personal rights, and discusses the obligations and rights of tenants and landlords. Additionally, the instructor explores the notion of property ownership, including the responsibilities and limitations that come with it. The session concludes with a discussion on legal capacity, discernment, and the implications of minors engaging in contractual agreements.

Official source

Related concepts (32)

Contract

A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more mutually agreeing parties. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. A binding agreement between actors in international law is known as a treaty.

English contract law

English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth (such as Australia, Canada, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract.

Ownership

Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as title, which may be separated and held by different parties. The process and mechanics of ownership are fairly complex: one can gain, transfer, and lose ownership of property in a number of ways. To acquire property one can purchase it with money, trade it for other property, win it in a bet, receive it as a gift, inherit it, find it, receive it as damages, earn it by doing work or performing services, make it, or homestead it.

State ownership

State ownership, also called government ownership and public ownership, is the ownership of an industry, asset, or enterprise by the state or a public body representing a community, as opposed to an individual or private party. Public ownership specifically refers to industries selling goods and services to consumers and differs from public goods and government services financed out of a government's general budget.

Private property

Private property is a legal designation for the ownership of property by non-governmental legal entities. Private property is distinguishable from public property, which is owned by a state entity, and from collective or cooperative property, which is owned by one or more non-governmental entities. Private property is foundational to capitalism, an economic system based on the private ownership of the means of production and their operation for profit.

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