English for Lawyers 4

Lecturer: Miljen Matijašević

e-mail: miljen.matijasevic@pravo.hr

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