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Branches of Civil Law
branches of civil law
Civil law cases are divided into four main categories, each covering a range of issues. See below for the types of civil cases and corresponding civil law examples.
Contract Law
Contract law deals with agreements between two or more parties, each of which is obligated to hold up their portion of the agreement. For example, two parties enter into an agreement for the lease of an apartment. The Lessor has the right to use the apartment, and the landlord receives rent money as compensation. If one party violates any of the provisions of the contract, they have committed a civil wrong known as “breach of contract.” Generally speaking, contracts may be oral or written, however there are certain types of contracts that must be put in writing.
Tort Law
Tort law is a branch of civil law that is concerned with personal injury and civil wrongdoing. A tort is a civil wrong, done by one person or entity to another which results in injury or property damage, and frequently involves monetary compensation to the injured party. There are three categories of torts: negligence, intentional tort, and strict liability.
Negligence is an unintentional tort, to which there are four elements that must be satisfied.
Duty. The defendant had a duty to act in a reasonable manner
Breach of Duty, meaning that the defendant failed to act reasonably
Causation. The defendant’s breach of duty must be the cause of the plaintiff’s injury or loss
Damages. Monetary, property, or other loss
An intentional tort is a deliberate wrongdoing in which the defendant acted with intent to cause harm or injury. Some examples of intentional torts include: assault and battery, false imprisonment, fraud, invasion of privacy, and intentional infliction of emotional distress.
Strict liability is a tort that does not require actual negligence or intent to injure. It is based on an absolute or “strict” duty to ensure something is safe. Strict liability frequently comes into play with hazardous activities, such as bungee jumping. The company that owns the bungee cords, or offers the activity to consumers, has an absolute duty to make sure the bungee cords are intact, hooked up correctly, and are ready to operate safely. If a consumer is injured because the cord breaks or comes undone, the company is liable for the injury under strict liability.
Property Law
Property law covers both personal property and real property. Personal property can be tangible, such as jewelry, animals, and merchandise, or intangible such as patents, copyrights, stocks, and bonds. Real property refers to land and anything built on it that cannot be easily removed, as well as anything under the surface of the land, such as oil and minerals. There are two types of property law torts: trespass and conversion.
Trespass to chattels refers to a defendant intentionally and physically interfering with the plaintiff’s right to possession and use of their personal property.
Trespass to land occurs when a defendant enters plaintiff’s private property without consent of the plaintiff.
Conversion refers to a defendant depriving a plaintiff of their personal property without the plaintiff’s consent, and then using the plaintiff’s property as his own.
For example, a lady sees her neighbor planting flowers in her garden, and notices she has five extra containers of flowers with no place to plant them. The lady decides she would like flowers in her garden as well, and takes the leftover containers of flowers without asking for permission from neighbor. The lady deprived the neighbor of her flowers, planting them instead in her own garden. The lady has committed conversion.
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