Civil Law

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.

Parts of Contract

an offer and acceptance

consideration

capacity

consent

lawful purpose

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

Reflection

Why do we not sue someone each time that we have been wronged?

for example: why do I not sue the dry cleaner for ruining my blouse?

What is the relationship between tort law and violence in sports?

What factors do the courts consider when awarding damages for pain and suffering?