Private Law can be divided into property and obligations. The latter is further divided into contracts, torts, and unjust enrichment (restitution).
The bulk of first-year courses (property, contracts and torts), are therefore comprised primarily of private law, or regulations governing the relationships between individuals.
Divisions among Contracts
The major areas of study in Contracts are enforceability, excuses for non-performance, remedies, and effects on third parties.
Components of enforceability typically include a bargain, agreed upon exchange, and constituent parts of a bargain.
Excuses for non-performance are usually characterized by mistakes, unfairness, public policy, or non-performance by the other party.
Two types of remedies exist: specific and monetary, the former consisting of an order of performance, the latter seeking compensation through money. Contracts can be distinguished from Torts in that it seeks to restore the plaintiff’s position to that of if the contract was performed, whereas Torts simply seeks out-of-pocket losses.
Areas of study within the effects on third parties include agency, or the power of one person to act on behalf of another, and assignment, the transfer of contractual rights.
3 Types of Divisions among Torts
Torts can be divided according to the defendant’s state of mind into intentional wrongs, negligence, and strict liability. Intentional Torts include assault and battery, trespass to land and goods, and conversion and detinue.
Torts can also be divided by the interests of the plaintiff: injury to the person, injury to the property, injury to the reputation, and interference with the use of land.
Yet another way of dividing Torts is by the defendant’s actions, such as liability of animals, liability for products, liability of occupiers and owners of property, and employer’s liability.
Forget About Restitution (for now)
Unjust enrichment, or restitution, is typically not covered in first-year courses, typically because it requires a thorough knowledge of the basics of Private Law.
Although not studied in depth at this time, the main categories of unjust enrichment are mistake, benefit through wrongful act or breach, benefit under compulsion, and emergent situations.
