Post on 18-Dec-2015
Civil Law JurisdictionThe legal relationship between individuals
An avenue for settling disputes between individuals
Remedies for wrong against individuals, rather than punishment or retribution for wrongs against society
however - “punitive” damages are sometimes awarded
Civil Law also known as PRIVATE LAW
In most of Canada, Civil Law is based primarily upon the system of common law, although civil statutes have been developed by provincial jurisdictions as governments deem then necessary for the public good.
for example statutes dealing with family law and divorce
Purpose of Civil Law
The main purpose of civil law is to compensate individuals for wrongs committed to them.
Claims can include:
injuries to an individual resulting from accidents
damages to property or reputation
divorce
child custody and support
adoption
unpaid debts
failure to pay for work
Categories of Civil Law
There are two main categories of civil law:
contracts
torts.
Contract Law
A contract is an agreement between two people, usually in a written form.
Contracts are formal agreements that impose rights and responsibilities on the parties involved which are enforceable by law.
Obligations of Parties
The law and obligations of the parties involved with a contract are fairly cut and dry.
Examples of contracts would include:
• Jordan is hired by a grocery store to stock shelves for $8.00/hour. He does so, but the store refuses to pay Jordan for the work he provided.
• Devon buys a stereo, agreeing to pay for it in 12 equal monthly payments. He makes the first three, but then fails to
make the remaining monthly payments
ACTIVITY
Pick one of the two situations above. Identify:
• What was the agreement between the two parties?
• What were their rights and responsibilities?
• Was there an offer and an acceptance?
• Were they capable of meeting their obligations?
• Did they consent to these obligations?
• Were these lawful purposes?
• Is the agreement fuzzy or cut and dry?
TORTS
Torts are not like contracts.
In a tort there is no underlying agreement that establishes the rights and responsibilities between two parties.
Torts are the act of omission (failure to do something) or the act of commission (doing something you should not) that causes harm.
Torts
Torts are informal occurrences that deal with wrongs or injuries inflicted upon one party by another, outside of the context of a formal relationship or contract.
Therefore, liability does not come from an agreed upon set of rights and responsibilities such as those defined in a contract, but rather from the law itself.
In torts, the parties involved are strangers according to the law. The only reason they are brought together is the misfortune which resulted in the tort action. For example, I may not have very much to do with my neighbour until my son puts a rock through her bay window.
Examples of Torts
Examples of torts could include:
• Susan is struck by a reckless driver and suffers a loss of income because she can not attend work due to injuries.
• The city fails to care properly for a public swing set and a child is injured as a result.
Categories of Torts
Torts fall within three categories of subdivision. They
include:
• negligence
• intentional torts
• strict liability