1. Lecturer: Miljen Matijašević e-mail: miljen.matijasevic@gmail.commiljen.matijasevic@gmail.com Session 2, 18.03.2014.

2. 1. Revision of the Last Session 2. Types of English Civil Law/The Law of Torts 3. Vocabulary revision 4. The Angry Shopper – a case study

3. 1. What is conflict of laws? 2. What do you know about the choice of forum rules? 3. Can foreign judgments be enforced in courts of another country? 4. What is the purpose of the characterisation of the cause of action? 5. Must a single national law be applied to a single case?

4. Unit 28

5.  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

6.  Civil law does not necessarily equal private law  It overlaps with areas such as: ◦ administrative law ◦ revenue law ◦ patents and copyright ◦ etc.  Purely civil law areas: TORT LAW and CONTRACT LAW

7. civilwrong other than breach of contract  TORT – a civil wrong, less serious than a crime, committed by one person against another, 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

8.  parties in a lawsuit: CLAIMANT and DEFENDANT TORTFEASOR  the defendant is the alleged TORTFEASOR – a person who has committed a tort LIABILITY BALANCE OF PROBABILITIES  the task of the court is to establish LIABILITY of the defendant, on a BALANCE OF PROBABILITIES The Law of Torts

9. LIABILITY BALANCE OF PROBABILITIES  legal responsibility  finding the defendant liable means finding him responsible for the damage  the defendant’s actions have more likely than not caused the claimant’s damage  there has to be stronger evidence of liability than to the contrary

10.  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 The Law of Torts

11.  COMPENSATION  COMPENSATION: awarded injurydamagesustained/suffered ◦ money awarded to the claimant to compensate for the injury or damage sustained/suffered  INJUNCTION: ◦ a court order forcing the tortfeasor to discontinue an activity Available Remedies in Torts

12.  in criminal trials, remedies are e.g. imprisonment, fine (paid to the state), therefore, the victim gets no compensation The Law of Torts

13. Do not confuse the terms!  Damage – injury or loss sustained by the claimant compensation  Damages – compensation sought, i.e. for the damage

14.  The court calculates the amount of compensation (damages) awarded to the claimant ◦ general damages ◦ general damages – compensation for the pain and suffering caused by the tortious act ◦ special damages ◦ special damages – compensation for past and future financial loss, including loss of earnings and/or loss of earning capacity Compensation

15. committed againstwith regard to intention 1. the person 2. property 1. negligent torts 2. intentional torts

16.  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’!

17. intentional torts against the person intentional torts against property  defamation  assault  battery  false imprisonment  fraudulent misrepresentation (deceit)  trespass to land  trespass to chattels  conversion

18.  Making written or oral statements including false information, damaging someone’s reputation ◦ LIBEL – for statements in permanent form (print, broadcast, etc.) ◦ SLANDER – statements made in speech defamatory, libellous, slanderous  adj. defamatory, libellous, slanderous (e.g. statement)

19.  Assault  Assault is an attack on a person causing apprehension (fear) of a violent attack, e.g. waving a knife or firearm in front of somebody  Battery  Battery goes further than assault because it has to involve physical contact, however minor

20.  False imprisonment  False imprisonment is intentional and unlawful deprivation of liberty  Fraudulent misrepresentation (deceit)  Fraudulent misrepresentation (deceit) is intentional deception made for gain or for the purpose of causing damage to the victim. Provide examples of these torts!

21.  is a direct and forcible injury committed against: 1.real (immovable) property (trespass to land) 2.personal (movable) property (trespass to chattels)

22.  TO LAND  TO LAND - e.g. walking over someone’s land without their consent – damage to land irrelevant, not a required element (a tort actionable per se)  TO CHATTELS damage to property must be proved  TO CHATTELS – e.g. using or interfering with the property of another without their consent – damage to property must be proved Provide some examples of trespass!

23.  a tort relatable to the criminal offence of theft or larceny alienation  goes further than trespass to chattels because it involves alienation of property without the owner’s consent

24.  it is an invasion of the right of the owner to dispose of his own property  e.g. removing someone’s property without their consent  conversion, unlike theft, does not require the element of dishonesty

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

27. 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

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