Types of English Civil Law

CIVIL LAW a legal system prevalent in continental Europe that is based on written codes (in this sense contrasts with the common-law system used in England and most of the United States) an area of law governing disputes between individuals (as opposed to criminal law)

CIVIL LAW (as a branch of law) and its SUBCATEGORIES IN COMMON LAW SYSTEM -an area of law concerned with a) relations between private individuals b) non-criminal relations between governments and private individuals or other entities Subcategories: Law of contract Law of torts Law of property Law of succession Family law  Revenue law; Patents and copyright; Trade unions; Administrative law IN CIVIL LAW SYSTEMS -an area of private law regulating relations between individuals Basic brances: Law of property Law of obligations (Contract law) Law of sucession New branches: Law of securities Commercial law Copy-right law Insurance law

PARTIES IN A CIVIL LAWSUIT PLAINTIFF (CLAIMANT) the party bringing a civil action (filing a claim) – the injured party DEFENDANT - the party against whom an action is brought (a claim filed)

THE LAW OF CONTRACT CONTRACT Subcategories of the law of contract:   CONTRACT = a legally binding agreement made between two or more persons, by which rights are acquired by one or more to acts or forbearances on the part of the other or others Subcategories of the law of contract: 1. shipping contracts, 2. hire purchase, 3. sale of goods etc.

NOT PUNISHABLE BY THE STATE THE LAW OF TORTS TORT = a civil wrong committed by one citizen to another that results in injury to another’s property, reputation, or the like. Ø    serious enough to merit the award of compensation to the injured party Ø    not serious enough to amount to the breaking of the the criminal law CIVIL LIABILITY  NOT PUNISHABLE BY THE STATE Offender tortfeasor Action taken by the injured (aggrieved) party

SUBCATEGORIES OF TORTS 1.  Negligence 2.  Nuisance 3.  Defamation 4.  Intentional torts 5.  Statutory torts 6.  Economic torts 7.  Competition law

NEGLIGENCE an unreasonable breach of duty by one person to another the failure to take reasonable care to avoid foreseeable injury to others Example: the modern law of negligence started with a decomposed snail contained in a drink consumed in a public bar; the manufacturer was sued by the consumer for her consequent illness

NUISANCE unreasonable interference with a person’s use or enjoyment of property Example: Jones v Powell 1629 - A brewery made stinking fumes waft to neighbors’ property, damaging his documents. Because he was a landowner, the neighbour sued in nuisance for this damage

DEFAMATION - tarnishing the reputation of someone (making factual assertion for which you cannot provide evidence of its truth) LIBEL defaming somebody through print or broadcasting SLANDER spoken defamation

INTENTIONAL TORTS any intentional acts that are reasonably foreseeable to cause harm to an individual AGAINST THE PERSON assault battery false imprisonment intentional infliction of emotional distress fraud PROPERTY TORTS trespass to land (ometanje nepokretne imovine) trespass to chattels (ometanje pokretne imovine) conversion (otuđenje, pisvajanje imovine)

Other torts STATUTORY TORTS - created by the legislature, not the courts - workplace health and safety laws and health and safety in food produce (consumer protection - Product Liability Directive in the EU) ECONOMIC TORTS - protect people from interference with their trade or business (eg. trade libel, conspiracy, inducement of breach of contract etc.) COMPETITION LAW (ANTI-TRUST LAW) - an important method for regulating the conduct of business (the abuse of market power by monopolists, or the substantial lessening of competition through merger, acquisition, or concentration of enterprises or any other way of distorting of competition on the market)

Remedy is the manner in which a right is enforced or satisfied by a court when some harm or injury is inflicted upon an individual; the legal means to recover a right or to obtain redress for a wrong (pravni lijek?) Liquidated damages are an agreed-upon amount of money that parties to a contract promise to pay if one of them breaches the contract (specified in a clause in the contract). (ugovorena odšteta) Unliquidated damages are sum of money that is established by the court. (nelikvidirana/neutvrđena odšteta) (Damages may be categorized as unliquidatable when the amount of damages is unidentifiable or subject to an unforeseen event that makes the amount not calculable.) Trust is an arrangement whereby a person, or persons (the trustee) has a duty to administer property for the benefit of another or others (the beneficiary) or for a particular purpose (a charitable purpose). (fiducijarni odnos, prijenos imovine na povjerenika) ;

Vaughan v Menlove (1837) 3 Bing NC 467 The defendant's haystack caught fire due to poor ventilation. The defendant had been warned on numerous occasions that this would happen if he left the haystack. The defendant argued he had used his best judgment and did not foresee a risk of fire. The court held his best judgment was not enough. He was to be judged by the standard of a reasonable man.

Vaughan v. Menlove – the reasonable man standard Facts. Defendant was warned that his haystacks posed a substantial risk of igniting and damaging Plaintiff’s cottages. He disregarded these warnings and kept the hay in place. The hay did ignite and damage Plaintiff’s cottages, and Plaintiff brought suit for negligence. The trial court instructed the jury that the issue was whether the fire was occasioned by gross negligence, and explained that Defendant was bound to act as a reasonable man would have under the circumstances. The jury found for Plaintiff, but Defendant obtained a ruling on the ground that the jury should have been instructed to find negligence only if it found Defendant had not acted to the best of his own judgment. Trial. At trial the judge instructed the jury to consider whether the fire had been caused by gross negligence on the part of the defendant , and stated the defendant „was duty bound to proceed with such reasonable caution as a prudent man would have exercised under such circumstances”. The jury found the defendant negligent. Appeal. Defendant appealed the tial court’s verdict , arguing the jury should have instead been instructed to consider „whether he acted bona fide to the best of his judgement; if he had, he ought not to be responsible for the misfortune of not possessing the highest order of intelligencel” Issue. Was the trial court correct in instructing the jury that whether or not Defendant had been negligent was to be evaluated from an objective standpoint, not taking Defendant’s intellectual limitations into account. Held. Yes. The standard of negligence is an objective one. Synopsis of Rule of Law. The standard for negligence is an objective one. One has behaved negligently if he has acted in a way contrary to how a reasonably prudent person would have acted under similar circumstances. Discussion. This case rejects the argument that a Defendant’s particular sensibilities or weaknesses should be taken into account in evaluating negligence claims. Rather, one must look only to whether one has acted as would a reasonably prudent person under similar circumstances.

ESSENTIAL EXPRESSIONS a tort a plaintiff/claimant a defendant to bring a civil action a wrong negligence nuisance false imprisonment assault and battery trespass to property trespass to chattels defamation slander libel a remedy an injunction bring an action in tort

pravno obvezujući ugovor nečinjenje Read the text and find the English equivalents for the following Croatian legal terms: građanski delikt pravno obvezujući ugovor nečinjenje dodjela naknade/odštete; dodijeliti/dosuditi odštetu naknada štete čiji iznos određuje sud građanska pravna odgovornost; smatrati odgovornim oštećena strana kršenje ugovora osoba koja neovlašteno ulazi na tuđe imanje; počinitelj delikta pravična obveza tužiti za nemar tužiti za građanski delikt

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