two most important subcategories: law of contract law of torts

27

Upload: jasper-johnston

Post on 31-Dec-2015

230 views

Category:

Documents


2 download

TRANSCRIPT

Two most important subcategories: Law of Contract Law of Torts

Contract law concerns all aspects of the making, keeping, and breaking of promises and agreements

Contract law governs different types of agreements without regard for who made them or what their subject matter is

A promise is a commitment to do or not to do something in the future

An agreement is an exchange of promises Contract v. Agreement – a contract is a

legally enforceable agreement

Contract is a legally binding agreement between two or more parties which the court will enforce

Contract is a legally binding agreement made between two or more persons, by which rights are acquired by one or more to acts or forbearances on the part of the other or others.

* forbearance – nečinjenje, propuštanje

Shipping contracts Hire purchase contracts Sale of goods

Tort – a Norman-French word which means a wrong.

In English law: a civil wrong; a wrong committed by one citizen against another not serious enough to amount to the breaking of the criminal law

No criminal liability, just civil liability Less serious wrongs not punished by the

state

The offender (the persons who commits a wrong to another) is called a TORTFEASOR

The injured party is called a CLAIMANT

The major difference between the law of contract and the law of tort is that with respect to the law of tort, the law has fixed what kind of behaviour is wrongful (tortious behaviour)

With respect to the law of contract, the contractual agreement between the parties lays down what will be seen as wrongful behaviour

The claimant (formerly plaintiff) may recover damages for their injury (physical or mental) and loss

Special damages: losses that can be precisely quantified in monetary terms

General damages – losses that cannot be exactly defined in monetary terms (the actual pain suffered, expected future losses)

Where the claimant’s general or special damages are negligible, the court may award nominal damages

Intentional torts: when the person causing the harm meant to do so

Negligence: carelessness Strict liability: the actor is responsible even

though he did not mean to harm the victim and exercised care in trying to avoid the harm

Negligence Nuisance Trespass Defamation (libel and slander)

A failure to apply reasonable care in order to avoid foreseeable injuries to others

The duty to avoid being negligent is defined in terms of ordinary care

Ordinary care generally means the degree of care that would be used by a reasonable person under the same or similar circumstances

Professional and personal negligence

An unreasonable interference with another person’s use or enjoyment of property

The injured party may sue for an injunction or damages, or both

Interference must be continuous Public nuisance (affects many people or the

whole community) Private nuisance (interferes with the individual’s

enjoyment or use of property) Mixed nuisance – both public and private

An unlawful entry to another person’s property

Any unauthorized intrusion or invasion of private premises or the land of another

Continuous trespass – continued presence on the land of another (injunction)

Oral (slander) or written (libel) injury of somebody’s reputation

An intentional false communication that injures another person’s good name

The claimant must prove that the defamatory statement was made with malice (knowing it was false or with a reckless disregard as to whether it was true or false)

Translate the following sentence:

Contract and tort are related to one another: a trader who sells dangerous goods can be sued in negligence for injuries so caused and may also be held liable for a breach of a contractual duty to see that his goods are of merchantable quality.

Hire purchase contract – ugovor o kupnji na otplatu

Tort – delikt Negligence – nemar Nuisance – smetnja Trespass – ometanje posjeda Defamation – kleveta Claimant – tužitelj u građanskoj parnici Injunction – sudski nalog, sudska zabrana Damages - odšteta

______ __ indirect injuries to a person’s property or his enjoyment of property.

_________ injurious breach of a legal duty of care owed to the plaintiff.

--------- the act of attcking the reputation of some persons.

___________ direct interference with the personal goods or land of another.

NUISANCE indirect injuries to a person’s property or his enjoyment of property.

NEGLIGENCE injurious breach of a legal duty of care owed to the plaintiff.

DEFAMATION the act of attacking the reputation of some persons.

TRESPASS direct interference with the personal goods or land of another.

Kleveta je kada netko namjerno ili nemarno daje lažne izjave o vama u javnosti, a te izjave štete vašem ugledu u zajednici. Postoje dvije vrste klevete. Pisana kleveta uključuje štampane, napisane ili snimljene izjave. Do usmene klevete dolazi ako je klevetnička izjava izgovorena.Kleveta je delikt zato što šteti nečijem ugledu ili položaju u zajednici. Na primjer, ako vas netko javno nazove lažljivcem ili vas optuži da ste počinili kazneno djelo, tada možete tužiti tu osobu zbog klevete. No takva izjava mora biti lažna.Izjava može biti kleveta ako lažno ukazuje na to da ste krivi za zločin, nepoštenje ili nečasno ponašanje. Uvrede općenito nisu klevete.

The tort of defamation happens when someone deliberately or negligently makes a false statement about you in public, which lowers or injures your reputation in the community. There are two types of defamation. "Libel" includes printed, written, or recorded statements. "Slander" happens when the defamatory statement is spoken.

Defamation is a tort because someone's reputation/good name and position in the community are injured. For example, if someone calls you a liar in public or accuses you of committing a crime, then you may be able to sue that person for defamation. The statement, however, must be false.

A statement may be defamatory if it falsely suggests that you are guilty of any crime, dishonesty, or dishonourable conduct. Insults are not defamatory in general.

Delikti su prekršaji koje pravo priznaje kao temelje za sudski spor. Ti prekršaji rezultiraju ozljedom ili štetom koja tvori temelj za zahtjev oštećene stranke. Oštećena osoba može tužiti i zatražiti sudsku zabranu da bi spriječila nastavak štetnog ponašanja ili novčanu odštetu. Vrste odštete koje oštećena stranka može dobiti su: gubitak mogućnosti ostvarivanja zarade, duševne boli i razumni medicinski troškovi. To uključuje sadašnje gubitke i očekivane gubitke u budućnosti.

Delikt – tort Sudski spor – lawsuit Oštećena stranka – injured party Štetno ponašanje – tortious conduct Sudska zabrana – injunction Novčana odšteta – monetary damages Zarada – earning; mogućnost ostvarivanja zarade

– earning capacity Duševne boli – pain and suffering

Torts are civil wrongs that are recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm which constitutes the basis for a claim by the injured party. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages. Among the types of damages the injured party may recover are: loss of earning capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses.