lecture one

Question 1

What are the parts of the law of obligations?

Answer 1

Contract, Promise, Unjustified Enrichment, Negotiorum Gestio (NOT Delict).

Question 2

What does the law of obligations involve?

Answer 2

Rights one person (A) has against another (B), and B’s duties owed to A.

Question 3

Are obligations personal or general?

Answer 3

Personal — A can enforce against B, not a random third party (C).

Question 4

What is Person A called? (the one with the right)

Answer 4

Obligee or Creditor.

Question 5

What is Person B called? (the one with the duty)

Answer 5

Obligor or Debtor.

Question 6

What kind of ‘persons’ can be involved?

Answer 6

Humans, companies, councils, partnerships — any legal entity.

Question 7

What is A’s right considered as?

Answer 7

An asset — a piece of property they own.

Question 8

How is a contract defined?

Answer 8

An agreement between two or more persons with capacity, made according to law, to perform non-trivial, possible, and legal acts. (MacQueen & Thomson, para 1.10)

Question 9

What is required for a contract?

Answer 9

Agreement + Capacity + Lawful and possible performance.

Question 10

What are common types of contracts?

Answer 10

Sale, Lease/Hire, Loan, Carriage, Employment, Services.

Question 11

Can contracts be mixed types?

Answer 11

Yes — e.g., mobile phone contracts mix hire, sale, and services.

Question 12

Are informal agreements contracts too?

Answer 12

Yes — ferry tickets, cloakroom tokens, car park notices, etc.

Question 13

What happens if someone doesn’t perform their obligations?

Answer 13

The obligee can ask the court to force performance or claim damages.

Question 14

Why is enforceability important in contracts?

Answer 14

Because courts can step in even if there’s no ongoing dispute.

Question 15

How many parties are needed for a contract?

Answer 15

Two or more (you can’t contract with yourself).

Question 16

What are onerous (bilateral) contracts?

Answer 16

Both parties undertake obligations and exchange performances.

Question 17

What are gratuitous (unilateral) contracts?

Answer 17

Only one party is obliged to perform — the other gets something for nothing.

Question 18

How does gratuitous contract law differ in English law?

Answer 18

English law requires ‘consideration’ — so gratuitous contracts aren’t valid without it.

Question 19

What are the main influences on contract law?

Answer 19

Roman law, Canon law, Scottish common law, English common law (careful with English cases!).

Question 20

Is contract law mainly based on legislation or case law?

Answer 20

Mostly case law (common law system).

Question 21

Who are key Institutional writers on obligations?

Answer 21

Stair and Bell.

Question 22

How is a promise defined legally?

Answer 22

A final, definite expression to bind oneself by an enforceable obligation.

Question 22

How is a promise different from a contract?

Answer 22

A promise is unilateral — no need for agreement or acceptance from a second party.

Question 23

Key case defining promise principles?

Answer 23

Morton’s Trs v Aged Christian Friend Society of Scotland (1899).

Question 24

What makes a promise legally binding?

Answer 24

Clear words + Definite intention to be bound.

Question 25

Does the promisee need to accept the promise?

Answer 25

No — they don't even need to know the promise was made.

Question 26

Does a promise require something in return (consideration)?

Answer 26

No — nothing is needed in return for a binding promise.

Question 27

Can a promise be conditional?

Answer 27

Yes — but only the promissor is bound to perform if the condition happens.