This course introduces students to the basic elements and principles of private law. It begins by looking at what the term private law means, the sources of private law and how the different areas of private law - especially property, contract, tort and unjust enrichment – relate to each other.

The bulk of the course is spent on the topics of contract and property law. In both cases, the course provides an introduction to materials that are expanded upon in later subjects. With respect to contract law, this course covers the formation of contracts and the doctrine of privity. Several other elements of contract law are dealt with later in the curriculum in Contracts. With respect to property law, this course considers the boundaries of the concept of property, as well as several of the rules with respect to the creation, transfer and protection of property rights. Again several other elements of property law are dealt with later in Land Law, and to some extent also in Equity and Trusts.

The course also introduces students to two smaller topics: agency and equitable estoppel. As well as being closely related to contracts and property, these are two important areas of law for practicing lawyers.

The final component of the course returns to the theoretical foundations of private law. Having familiarised themselves with several areas of private law, students will be asked to consider such questions as: What does it mean to talk about justice in this context? What are the legitimate aims of private law? How do courts adapt private law to new situations? These and related questions will be discussed with reference to some of the key ideas of justice (in particular corrective justice) that influence the development of private law.

Main Topics

The Domain of Private Law

More information can be found on the Course Outline Website.