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Lecturer: Miljen Matijaevi e-mail: miljen.matijasevic@pravo.hr Session 2, 12 Mar 2010 Todays session Types of English Civil Law The Law of Torts Vocabulary revision The Angry Shopper a case study Civil law English civil law refers to:
a body of laws governing disputes between individuals law relating to private and civilian affairs a generic term for non-criminal law
England being a common law country, civil law only has one meaning Areas of civil law Civil law does not necessarily equal private law It overlaps with areas such as:
family law administrative law revenue law patents and copyright etc.
Purely civil law areas: TORT LAW and CONTRACT LAW The Law of Torts TORT a civil wrong, less serious than a crime, committed by one person against another, wrong other than breach of contract adj. TORTIOUS (e.g. conduct or act) does not result in prosecution (the state has no interest) but may lead to a civil lawsuit largely regulated in common law (with the exception of statutory torts)
The Law of Torts parties in a lawsuit: CLAIMANT and DEFENDANT the defendant is the alleged TORTFEASOR a person who has committed a tort the task of the court is to establish LIABILITY of the defendant, on a BALANCE OF PROBABILITIES The Law of Torts
legal responsibility
LIABILITY
finding the defendant liable means finding him responsible for the damage
BALANCE OF PROBABILITIES
the defendants actions have more likely than not caused the claimants damage there has to be stronger evidence of liability than to the contrary The Law of Torts
the same act may be criminally prosecuted and subject to a civil lawsuit
the standard of proof is lower in civil lawsuits cases are easier to win an individual brings the lawsuit, while prosecution is a decision of a public authority remedies are different Available Remedies in Torts
COMPENSATION: COMPENSATION
money awarded to the claimant to compensate for the injury or damage sustained/suffered
INJUNCTION:
Damage vs. Damages Do not confuse the terms! Damage injury or loss sustained by the claimant Damages compensation sought, i.e. for the damage Compensation The court calculates the amount of compensation (damages) awarded to the claimant
general damages compensation for the pain and suffering caused by the tortious act
special damages compensation for past and future financial loss, including loss of earnings and/or loss of earning capacity
Classification of Torts
committed against
negligent torts intentional torts Negligent torts The main negligent torts are:
NEGLIGENCE a breach of a duty of care owed to a claimant, who has consequently sustained injury or loss NUISANCE an act by the tortfeasor preventing the claimant from the use and enjoyment of his land (due to harmful emmissions) Q: Provide some examples of nuisance!
Intentional torts
defamation assault battery intentional infliction of emotional distress false imprisonment fraud
trespass to land trespass to chattels conversion Defamation Making written or oral statements including false information, damaging someones reputation
LIBEL for statements in permanent form (print, broadcast, etc.) SLANDER statements made in speech
Trespass TO LAND - e.g. walking over someones land without their consent damage to land irrelevant, not a required element TO CHATTELS e.g. using or interfering with the property of another without their consent damage to property must be proved Q: provide some examples of trespass! Conversion a tort relatable to the criminal offence of theft or larceny goes further than trespass to chattels because it involves alienation of property without the owners consent
Conversion it is an invasion of the right of the owner to dispose of his own property e.g. removing someones property without their consent conversion, unlike theft, does not require the element of dishonesty Vocabulary revision Complete the following definitions a civil wrong committed against a person or property - ............ a person committing such an act - ............
physical or economic harm or loss - ............ making public a statement harming someones reputation - ............ legal responsibility for an offence - ............ an interference with private property - ............ Complete the following definitions a civil wrong committed against a person or property - TORT a person committing such an act - TORTFEASOR physical or economic harm or loss - DAMAGE making public a statement harming someones reputation - DEFAMATION legal responsibility for an offence - LIABILITY an interference with private property - TRESPASS Explain the following terms NUISANCE v. TRESPASS TO LAND SLANDER v. LIBEL ASSAULT v. BATTERY TRESPASS TO CHATTEL v. CONVERSION CONVERSION v. THEFT DAMAGE v. DAMAGES LOSS OF EARNINGS v. LOSS OF EARNING CAPACITY