Lecture: 4 hrs per week / semester
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 essential elements of a contract, including offer, acceptance, consideration, and the intention to create legal relations
- 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, nuisance, and strict liability (Rylands v. Fletcher)
- Tort defences
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 law/private law distinction.
- Explain the importance of the autonomy of the individual in the development of private law.
- Describe the concept of legal personhood, 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, negligence, and strict liability (Rylands v. Fletcher).
- 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 state actors in placing limitations on property rights, and critically assess if and when it is in the public interest to do so.
- 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.
Assessment will be based on course objectives and will be carried out in accordance with the ºÚÁϱ¬ÁÏÍø Evaluation Policy. An evaluation schedule will be provided at the beginning of the course. This is a graded course. Evaluation will be based upon the following:
- Exams
- Research paper or other written assignment
- Class attendance and participation
Instructors may use a student's record of attendance and/or level of active participation in the course as part of the student's graded performance. Where this occurs, expectations and grade calculations regarding class attendance and participation will be clearly defined in the Instructor Course Outline.
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 are to be obtained by students. A list of required textbooks and materials, is provided for students at the beginning of the semester. Example texts may include:
Texts:
Atkinson, P., Canadian Private Law, 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.
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