1. Types of English Civil Law
Snježana Husinec, PhD

2. 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)

3. 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

4. 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)

5. 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.

6. 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

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

8. 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

9. NUISANCE
unreasonable interference with a person’s use or enjoyment of property (continuous and indirect disturbance which results in damage)
Example:
Jones v Powell 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

10. 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

11. 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)

12. 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)

14. 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) ;

15. 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.

16. 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)

17. 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

18. 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

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