English for Lawyers 4

Lecturer: Miljen Matijaevi e-mail: miljen.matijasevic@pravo.hr Session 2, 12 Mar 2010 Todays session Types of English Civil Law The Law of Torts Vocabulary revision The Angry Shopper a case study Civil law 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 Areas of civil law Civil law does not necessarily equal private law It overlaps with areas such as:

family law administrative law revenue law patents and copyright etc.

Purely civil law areas: TORT LAW and CONTRACT LAW The Law of Torts TORT a civil wrong, less serious than a crime, committed by one person against another, wrong 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 parties in a lawsuit: CLAIMANT and DEFENDANT the defendant is the alleged TORTFEASOR a person who has committed a tort the task of the court is to establish LIABILITY of the defendant, on a BALANCE OF PROBABILITIES The Law of Torts

legal responsibility

LIABILITY

finding the defendant liable means finding him responsible for the damage

BALANCE OF PROBABILITIES

the defendants actions have more likely than not caused the claimants damage there has to be stronger evidence of liability than to the contrary The Law of Torts

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 Available Remedies in Torts

COMPENSATION: COMPENSATION

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

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

Damage vs. Damages Do not confuse the terms! Damage injury or loss sustained by the claimant Damages compensation sought, i.e. for the damage Compensation The court calculates the amount of compensation (damages) awarded to the claimant

general damages compensation for the pain and suffering caused by the tortious act

special damages compensation for past and future financial loss, including loss of earnings and/or loss of earning capacity

Classification of Torts

the person property

committed against

negligent torts intentional torts Negligent torts The main negligent torts are:

with regard to intention

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!

Intentional torts

intentional torts against the person

defamation assault battery intentional infliction of emotional distress false imprisonment fraud

intentional torts against property

trespass to land trespass to chattels conversion Defamation Making written or oral statements including false information, damaging someones reputation

LIBEL for statements in permanent form (print, broadcast, etc.) SLANDER statements made in speech

adj. defamatory, libellous, slanderous (e.g. statement)

Assault and Battery 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 goes further than assault because it has to involve physical contact, however minor Intentional Infliction of Emotional Distress Under common law, when there are not enough elements of assault, because there was no imminent threat or material damage, intentional infliction of emotional distress can be damage claimed

False Imprisonment and Fraud

False imprisonment is intentional and unlawful deprivation of liberty Fraud is intentional deception made for gain or for the purpose of causing damage to the victim (e.g. fraudulent misrepresentation) misrepresentation Both torts are also criminal offences Trespass

is a direct and forcible injury committed against:

real property (trespass to land) personal/movable property (trespass to chattels)

Trespass TO LAND - e.g. walking over someones land without their consent damage to land irrelevant, not a required element TO CHATTELS e.g. using or interfering with the property of another without their consent damage to property must be proved Q: provide some examples of trespass! Conversion a tort relatable to the criminal offence of theft or larceny goes further than trespass to chattels because it involves alienation of property without the owners consent

Conversion it is an invasion of the right of the owner to dispose of his own property e.g. removing someones property without their consent conversion, unlike theft, does not require the element of dishonesty Vocabulary revision Complete the following definitions 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 someones reputation - ............ legal responsibility for an offence - ............ an interference with private property - ............ Complete the following definitions a civil wrong committed against a person or property - TORT a person committing such an act - TORTFEASOR physical or economic harm or loss - DAMAGE making public a statement harming someones reputation - DEFAMATION legal responsibility for an offence - LIABILITY an interference with private property - TRESPASS Explain the following terms NUISANCE v. TRESPASS TO LAND SLANDER v. LIBEL ASSAULT v. BATTERY TRESPASS TO CHATTEL v. CONVERSION CONVERSION v. THEFT DAMAGE v. DAMAGES LOSS OF EARNINGS v. LOSS OF EARNING CAPACITY