1. Introduction and Overview
- The scope of private law
- The public/private distinction
2. The Concept of Legal Personhood
- The role of the individual and legal personhood
- Natural legal persons vs. artificial legal persons
- Legal personhood and the role of dependants
3. Contract Law: Relationships Based upon Agreement
- The importance of the elements of offer, acceptance and consideration
- The mental element of a contract: the intention to create legal relations and consensus ad idem
- Excuses for non-performance of a contract
4. Tort Law: Relationships Based upon Duties Owed to Others
- Civil wrongs vs. public wrongs
- Classification of torts: intentional vs. unintentional
- Intentional torts: assault, battery, false imprisonment, defamation, and trespass
- Unintentional torts: negligence and nuisance
- Liability in negligence
5. Property Law: Relationships Mediated by Interests in Property
- Classifications of property: real vs. personal; tangible vs. intangible
- Property rights: different interests in property
- The public interest and limitations on property rights
6. Trust Law: Relationships Based on Trust and Confidence
- The legal concept of equity and the concept of fiduciary obligation generally
- Fiduciary duty in the context of care and management of property: the trust
- Fiduciary duty outside the context of care and management of property
The following methods of instruction will be utilized:
- class discussions
Evaluation will be based upon the course objectives and will be carried out in accordance with Douglas College policies. The instructor will provide a written course outline with specific evaluation criteria at the beginning of the course. Evaluation will be based upon the following:
- Research paper or other written assignment
- Class attendance and participation
An example of one possible evaluation scheme would be:
|Class attendance and participation||10%|
At the conclusion of this course the successful student will be able to:
- Describe the scope of private law and the importance of the public/private distinction.
- Explain the importance of the autonomy of the individual in the development of private law.
- Describe the concept of legal personhood as an artificial creation with reference to the role of natural persons and artificial persons in the Canadian legal system.
- Explain the requirements for a legally valid contract.
- Identify the circumstances in which non-performance of a contract is legally permissible.
- Describe the differences between public and private wrongs.
- Describe the classification of torts.
- Explain the different intentional torts including assault, battery, false imprisonment, defamation, and trespass.
- Identify and describe the unintentional torts of nuisance and negligence, and explain the basis for liability in negligence.
- Describe the legal classification of property in the Canadian legal system.
- Explain different types of legal interest a person may have in property.
- Describe the role of the public interest in placing limitations on property rights.
- Describe the concept of a fiduciary duty.
- Explain the difference between a trust and other fiduciary obligations.
- Describe the role of government in regulating private law relationships.
- Explain the role private law principles play in discrete areas of law including family law, consumer protection law, and aboriginal law.
- Read statute and case law critically and with good comprehension.
- Apply private law principles to real and hypothetical situations involving disputes arising out of private law relationships.
Textbooks will be updated periodically. Typical examples are:
Atkinson, L. and Sargent N. Private Law, Social Life: An Introduction, 2nd Edition. Toronto: LexisNexis Canada. Current Edition.
Atkinson, L. and Sargent N., eds. Just Between the Law and Us, Toronto: Captus Press. Current Edition.
The texts will be supplemented by legislation and case law. These will be accessed through web-links provided to students.
Courses listed here must be completed either prior to or simultaneously with this course:
- No corequisite courses
Courses listed here are equivalent to this course and cannot be taken for further credit:
- No equivalency courses
Course Guidelines for previous years are viewable by selecting the version desired. If you took this course and do not see a listing for the starting semester / year of the course, consider the previous version as the applicable version.
|Institution||Transfer Details||Effective Dates|
|Alexander College (ALEX)||No credit||2014/09/01 to -|
|Athabasca University (AU)||AU LGST 3XX (3)||2014/09/01 to -|
|Coast Mountain College (CMTN)||No credit||2014/09/01 to -|
|College of the Rockies (COTR)||No credit||2014/09/01 to -|
|Columbia College (COLU)||No credit||2014/09/01 to -|
|Coquitlam College (COQU)||No credit||2014/09/01 to -|
|Kwantlen Polytechnic University (KPU)||No credit||2007/09/01 to -|
|Langara College (LANG)||LANG CRIM 2XXX (3)||2007/09/01 to -|
|Northern Lights College (NLC)||No credit||2014/09/01 to -|
|Simon Fraser University (SFU)||SFU CRIM 1XX (3)||2007/09/01 to -|
|Thompson Rivers University (TRU)||TRU SOCI 2XXX (3)||2010/09/01 to -|
|Thompson Rivers University (TRU)||TRU SOCI 2XX (3)||2007/09/01 to 2010/08/31|
|University Canada West (UCW)||No credit||2015/01/01 to -|
|University of British Columbia - Okanagan (UBCO)||No credit||2007/09/01 to 2015/08/31|
|University of British Columbia - Okanagan (UBCO)||UBCO ARTS 2nd (3)||2015/09/01 to -|
|University of British Columbia - Vancouver (UBCV)||No credit||2007/09/01 to 2014/08/31|
|University of British Columbia - Vancouver (UBCV)||UBCV SOCI 2nd (3)||2014/09/01 to -|
|University of Northern BC (UNBC)||UNBC SOSC 2XX (3)||2014/09/01 to -|
|University of the Fraser Valley (UFV)||UFV CRIM 1XX (3)||2007/09/01 to -|
|University of Victoria (UVIC)||UVIC HUMA 2XX (1.5)||2007/09/01 to 2014/08/31|
|University of Victoria (UVIC)||UVIC SOSC 2XX (1.5)||2014/09/01 to -|
|Vancouver Community College (VCC)||No credit||2014/09/01 to -|
|Vancouver Island University (VIU)||VIU CRIM 1st (3)||2007/09/01 to 2014/08/31|
|Vancouver Island University (VIU)||VIU LAWW 2nd (3)||2014/09/01 to -|
This course will include synchronous on-line activities. Students should plan to be available on-line at scheduled course times.