Duty + Breach Remedy Common Law Elements Defense Excuse
Duty: Is there a Contract? + Breach: Perform as Promised? Remedy: Expectation, Reliance, Restitution The Five Fingers of Contract Defense to Formation Excuse to Non-Performance
12-18 + 27-33 1-11 The Five Fingers of Contract: Syllabus #’s 19-26 34
“Rights” The word “right” is ambiguous. In legal usage is has 4 primary meanings: (1) Claim – (another ought or must) (2) Privilege - (I may) (3) Power – (I can [alter the legal position of another]) (4) Immunity – (another cannot)
A has a claim against B = B ought A has a duty = A ought A has a privilege = A may (not ought) A has a power = A can A has a disability = A cannot A has an immunity = B (others) cannot
Wesley Newcomb Hohfeld Created an analytical scheme in which relations between persons* regarding one act (or omission) and one legal rule** could be diagrammed. * Including “legal persons,” such as corporations ** “rule” simplifies matters which Hohfeld recognized were more complex.
CLAIMPRIVILEGE (or liberty) DUTYNO- CLAIM A has a claim vis à vis B = B has a duty to A A has a privilege vis à vis B = B has no claim against A A has a claim vis à vis B = B has no privilege (regarding A’s claim) B has no claim against A = A has no duty to B A has a privilege vis à vis B = A has no duty to B
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