⌛ Private Law Theory
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Private law part 1 1
And, time permitting, we may take up some doctrinal questions--about the nature of consent, causation, or similar sorts of issues. University of Michigan Law School. Faculty and Scholarship. Our Faculty Faculty Publications. Explore Law Library. In private law, the claimant is not ready to bring an action against anybody other than the defendant. Thus, private law forms a relationship between the claimant and defendant for having purportedly wronged the other. The claimant and defendant, under the private law, can be private individuals, business organizations or any party acting in the capacity of a private person, and such disputes must have occurred only between the claimant and defendant, where they could either confirm or repudiate the alleged wrongdoing.
Hence, a civil litigation would be initiated by an aggrieved private person citizen and not by the state. However, the state as the legislator sets out the legal framework including the legal principles and rules that govern the private relations among individuals. These doctrines of private law are formed by mandatory and optional standards in forming such private relations.
The non-compulsory standards of private law allow the parties to determine the rules that can be applicable in their relationship. For instance, in contract law, the legislative enactment sets out the general guidelines and the cases are generally governed by these provisions, especially in situations where the parties may not be able to accommodate all possibilities in their agreement or predict certain outcomes of the contract. However, the parties have the freedom to formulate their contract on the terms agreeable to the parties within the normative rules provided by law. Another instance where the state plays a role in the private law would be instances where one or more of its organs carry out certain functions under a private capacity.
For example, if a state department makes a contract with a private supplier for certain goods, the body of private law would be applicable to disputes arising out of this contract. Here, it is important that the state acts in the capacity of a private legal person or company and its relationship with the other are private in nature as if it were between private bodies. The remedies of the private law are prescribed for the injured party, who claims to have been wronged, and the law tries to administer justice to the injured party restitution or monetary compensation , instead of imposing a penalty or a disciplinary action. Subscribe to this free journal for more curated articles on this topic.