COMMLAW 1004 Study Guide - Final Guide: Aberdeen Railway, Garage Sale, Misrepresentation
24 Jul 2018
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Civil law (private law) split into 2 subgroups: law of property in respect of a thing (property rights, covers relationship between people and things, gives rights. Provides an action against someone who has breached a legal duty/obligation, gives rights against a person (personal rights: law of obligations. Eg if you lend computer to bob, and he is declared bankrupt and leaves the country, you can always get your computer back because you have (cid:494)property(cid:495) in it. If bob had sold you the computer which had only been lent to him and then been declared bankrupt you would only have personal rights against him: i. e. to sue for breach of contract etc. If bob had no money, however, this is a meaningless right. Bofr: denied by (c on basis it wasn(cid:495)t meant to be cause of action, but cofa held that it could be used, changing the content of an existing cause of action, i. e.
