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Two most important subcategories:
Law of Contract
Law of Torts
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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
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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
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Contract is a legally binding agreement
between two or more parties which the court
will enforce
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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
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Shipping contracts
Hire purchase contracts
Sale of goods
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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
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The offender (the persons who commits a
wrong to another) is called a TORTFEASOR
The injured party is called a CLAIMANT
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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
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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
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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
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Negligence
Nuisance
Trespass
Defamation (libel and slander)
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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
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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
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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)
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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.
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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
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______ __ 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.
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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.
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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.
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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.
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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
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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.