Lecturer: Miljen Matijašević G10, room 6, Tue 15:30-16:30 Session 6, 25 Nov 2014

1. Revision of the Previous Session 2. Contract 3. Case studies 4. The Angry Shopper (case study)

1. 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 someone’s reputation legal responsibility for an offence an interference with private property

1. a civil wrong committed against a person or property - TORT 2. a person committing such an act - TORTFEASOR 3. physical or economic harm or loss - DAMAGE 4. making public a statement harming someone’s reputation - DEFAMATION 5. legal responsibility for an offence - LIABILITY 6. an interference with private property - TRESPASS

1. What is English civil law and how do we classify it? 2. What is a tort? 3. What is the job of the court in tort cases? 4. What are the available remedies in torts? 5. What does compensation include? 6. Can the same act be considered a crime and be subject to a civil lawsuit? 7. How do we classify torts?

1. NUISANCE v. TRESPASS TO LAND 2. SLANDER v. LIBEL 3. ASSAULT v. BATTERY 4. TRESPASS TO CHATTELS v. CONVERSION 5. CONVERSION v. THEFT 6. DAMAGE v. DAMAGES 7. LOSS OF EARNINGS v. LOSS OF EARNING CAPACITY

Unit 30

Think about the following questions:  What is a contract?  How does it differ from a regular agreement?  In what situations do we enter into contracts?

A contract can be defined as: a legally binding agreement between two or more parties which the courts will enforce  In order for an agreement to be considered a contract it must meet certain essential requirements.

The four essential elements of contract are: 1. Offer 2. Acceptance 3. Consideration 4. Legal Capacity and Intention

 one party must have made a binding offer to another, containing the basic terms of the agreement  if the other party accepts the offer with all the basic terms a contract is formed (unqualified acceptance)

 If the other party tries to negotiate by suggesting different terms, this is referred to as a qualified acceptance  A qualified acceptance does not result in a contract, but constitutes a counter- offer  If, in turn, the other party gives unqualified acceptance to the counter- offer, a contract is formed

 Possible issues that may arise:  Was there an unqualified acceptance?  Was the acceptance communicated?  In some cases, acceptance does not even have to be communicated – it is implied from conduct (e.g. the everyday situation of buying a product in a retail store)

 Refers to the promise between the contracting parties to give each other something of value  e.g. goods, price paid for the goods, service, etc.  In addition, the object of the contract must not be disapproved by the law

 The contracting parties must have legal capacity to contract (poslovna sposobnost)  Also, intention to create legal relations must be present (this can be disputed if there is evidence to the contrary)

made orally  Contracts can be made orally, although some contracts are only effective if made in writing:  contracts for the sale of land,  contracts for transfer of shares,  hire-purchase contracts  lease contracts, etc.  Contracts must be enforceable – if either party fails to perform the contract, the courts must be able to enforce it

 Contracts which do not meet the requirements can be:  void  voidable  unenforceable

 A void contract is one lacking one of the essential elements, i.e. a contract is not formed at all  Examples:  one or both parties do not have legal capacity  the object of the contract is illegal

 A voidable contract is a contract which has a defect in its formation and can be cancelled (avoided) by one of the parties if they choose  Examples:  terms agreed under duress  there was fraud or misrepresentation

 An unenforceable contract is valid but will not be enforced by the court  Examples:  promise to pay a gambling debt  the limitation period for bringing action against the breaching party has expired (six years after the breach)

 Remedies available in an action for breach of contract are:  compensation  specific performance

 SPECIFIC PERFORMANCE  court ordering the breaching party to perform the contract, i.e. to finish building the house

binding offer acceptance unqualified acceptance qualified acceptance consideration legal capacity terms of contract counter-offer void contract voidable contract unenforceable contract specific performance