81753293 English for Lawyers 4
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Transcript of 81753293 English for Lawyers 4
English for Lawyers 4
Lecturer: Miljen Matijašević
e-mail: [email protected]
Session 2, 12 Mar 2010
Today’s 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 civilcivil wrongwrong, less serious than a crime, committed by one person against another, other than breach of contractother 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 TORTFEASORTORTFEASOR – a person who has committed a tort
the task of the court is to establish LIABILITYLIABILITY of the defendant, on a BALANCE OFBALANCE OF PROBABILITIESPROBABILITIES
The Law of Torts
LIABILITY
legal responsibility
finding the defendant liable means finding him responsible for the damage
BALANCE OF PROBABILITIES
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
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
COMPENSATIONCOMPENSATION:
◦ money awardedawarded to the claimant to compensate for the injuryinjury or damagedamage sustained/sufferedsustained/suffered
INJUNCTION: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. DamagesDo not confuse the terms!
Damage – injury or loss sustained by the claimant
Damages – compensationcompensation sought, i.e. for the damage
Compensation
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
Classification of Torts
committed against
• the person
• property
with regard to intention
• negligent torts
• intentional torts
Negligent torts
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’!
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 someone’s reputation
◦ LIBEL – for statements in permanent form (print, broadcast, etc.)
◦ SLANDER – statements made in speech
adj. defamatory, libellous, slanderous defamatory, libellous, slanderous (e.g. statement)
Assault and Battery
AssaultAssault is an attack on a person causing apprehension (fear) of a violent attack, e.g. waving a knife or firearm in front of somebody
BatteryBattery 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 nono imminent threatimminent threat or material damagematerial damage, intentional infliction of emotional distress can be claimed
False Imprisonment and Fraud
False imprisonmentFalse imprisonment is intentional and unlawful deprivation of liberty
FraudFraud is intentional deception made for gain or for the purpose of causing damage to the victim (e.g. fraudulent misrepresentationfraudulent 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 TO LAND - e.g. walking over someone’s land without their consent – damage to land irrelevant, not a required element
TO CHATTELS TO CHATTELS – e.g. using or interfering with the property of another without their consent – damage to property must be proveddamage 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 alienationalienation of property without the owner’s consent
Conversion
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
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 someone’s 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 someone’s 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