LAWS 2202 Lecture Notes - Lecture 1: Quasi-Contract, Trust Law, Rulemaking
22 Apr 2016
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Private and public law interacts with each other and occur concurrently. Public law statutes (federal, provincial, and municipal). Anything to do with interaction between the government and the people. Private law property, contract, tort, and trust. The function of private law is not the creation of law in the public interest, but the declaration and application of pre-existing law for the prevention and correction of injustice between the individual parties to each dispute. However, judges in civil litigation have had both an adjudicative and rule-making function (based on precedent) (p. 4). Proof based on a balance of probability (more likely than not) . The tripartite division of law the division protects three fundamental interests: unjust enrichment, quasi contract, and restitution. 1: contract law protects reasonable expectations of parties to a promise. Contract law postulates that a person is entitled to receive what another has promised him or promised another for him.
