Types of English Civil Law Snježana Husinec, PhD shusinec@pravo.hr

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 (continuous and indirect disturbance which results in damage) 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.

Analyze each of the following case summaries. Was a tort committed? A neighbour's grass was cut and carried away by mistake. (Basely v Clarkson, 1681) 2. The owner of a plot of land allowed go-kart racing to take place on it. Neighbours claimed nuisance. (Tetley v Chitty, 1986) 3. The defendant neighbour was carrying out construction work on his land. His crane swung out over the claimant neighbour's land. (Woolerton & Wilson v Richard Costain Ltd, 1970)

ESSENTIAL EXPRESSIONS a tort a plaintiff/claimant a defendant to bring a civil action a wrong negligence nuisance false imprisonment assault (prijeteće ponašanje; prijetnja napadom) and battery (fizički napad) 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

Source: http://keywordsuggest.org/gallery/586960.html