1.5e Types of Private Law

Private Law

•  Also referred to as civil law

•  Is the law governing the relationships between

Private Law

•  Usually the state does not get involved in the regulation of civil disputes, other than providing courts to hear the dispute

•  The main purpose of civil law is to regulate conduct and compensate individuals who have been harmed by the wrongful actions of others.

Private Law

•  There are 6 types of Private Law

1. Tort Law 2. Contract Law 3. Family Law 4. Wills and Estates 5. Property Law 6. Employment Law

Private Law Tort Law •  Tort Law

“Woman seeks $1.5 million for damages after being burned by hot coffee”

•  This headline described demands for large amounts of money to compensate for harm, pain, suffering, or financial loss cause by the careless actions of others.

•  Tort Law is the branch of private (civil law) that holds a person or private organizations responsible for damage they cause another person as a result of an accidental or deliberate action.

Private Law Tort Law •  People now do whatever they can to avoid

being held responsible for accidental injuries

Private Law Contract Law •  The branch of law that provides rules

regarding agreements between people and businesses

•  Deals with the every day transactions in which people purchase or provide goods and services

Private Law Contract Law •  If one party does not uphold the terms of

the agreement, the other may seek the assistance of the court to ensure that the terms are enforced

Private Law Family Law •  The branch of law dealing with various

aspects of family life

Private Law Family Law •  This law recognizes that parents are

responsible for providing the necessities of life for their children

•  And also vise versa, children have to provide necessities to support elderly parents in need

Private Law Wills and Estates •  Estate Law is the branch of civil law that is

concerned with the division and distribution of property after death

•  Estate lawyers make sure that their clients have legally binding wills that properly reflect how they want their property to be divided when they die

Private Law Wills and Estates •  Also resolves disputes if someone

challenges the terms of the will after a person dies

•  Also governs what will happen to the property of a person who dies without having a will

Private Law Property Law •  The branch of civil law that governs

ownership rights in property

Private Law Property Law •  Today much of our property laws can be

found in Statue Law

•  Also regards the transfer of property to others

Private Law Employment Law •  Governs the employee-employer

relationship

•  Federal and Provincial governments have enacted laws that regulate the work-place, and the balance of rights.

•  In Canada, laws protect children from working under age, restricts the number of hours that an employee must work, and specifies the minimum wage for workers

Private Law Employment Law •  Also governs hiring and firing practices

•  Protection from discrimination an harassment in the workplace

•  Safety rules

•  Unions