Private Law

At the conclusion of this course the successful student will be able to:

1. Describe the scope of private law and the importance of the public law/private law distinction.
2. Explain the importance of the autonomy of the individual in the development of private law.
3. Describe the concept of legal personhood, with reference to the role of natural persons, and artificial persons in the Canadian legal system.
4. Explain the requirements for a legally valid contract.
5. Identify the circumstances in which non-performance of a contract is legally permissible.
6. Describe the differences between public and private wrongs.
7. Describe the classification of torts.
8. Explain the different intentional torts including assault, battery, false imprisonment, defamation, and trespass.
9. Identify and describe the unintentional torts of nuisance, negligence, and strict liability (Rylands v. Fletcher). 
10. Describe the legal classification of property in the Canadian legal system.
11. Explain different types of legal interest a person may have in property.
12. 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.
13. Describe the concept of a fiduciary duty.
14. Explain the difference between a trust and other fiduciary obligations.
15. Describe the role of government in regulating private law relationships.
16. Explain the role private law principles play in discrete areas of law including family law, consumer protection law, and Aboriginal law.
17. Read statute and case law critically, and with good comprehension.
18. Apply private law principles to real and hypothetical situations involving disputes arising out of private law relationships.