Section 2

Lesson 1: CIVIL LAW 

Civil law is also known as PRIVATE LAW.  This is the law that governs the relationships between individuals. For example, if you trespass on your neighbour's property,  or you do not pay a store for the iPad you bought on your credit card, or if someone trips over debris you left on your sidewalk and breaks a leg, the police will not come after you. In these cases, the wronged individual has to take you to court in a civil action to get some form of compensation.

Civil Law at Work

Tort Law is anything in civil law OTHER than breach of contract.  For example, if you drive your car through your neighbour's prize organic vegetable garden, if you make and sell a food product that makes people sick, or if you keep a dog that bites a child, you have committed a tort, or civil wrong.

Test Yourself:

Which of the following actions is a tort (civil wrong)? 

a.  Jason goes hunting on a farm despite a "No Trespassing" sign

b. Tasha locks her elderly mother in her bedroom for two weeks

c. Yuri refuses to pay for a taxi ride he has taken

d. The DEF Company manufactures a hair dryer that sets your hair on fire

e.  Tabitha leaves her car parked on a hill in neutral; it rolls down and tragically kills a child

f.  Leon holds up a convenience store

What do you think? 

a, b, d, e are examples of torts 

A person who takes another person to court in a civil action is called a plaintiff . The person who is taken to court (or sued) is knows as a defendant.

If a defendant is found liable (responsible) for the wrong the plaintiff has suffered, the court will award damages (money) to the plaintiff.

In other words, the defendant will have to pay the plaintiff a specific amount of money decided on by the court, to compensate for the harm done.

Sometimes other remedies are used; for instance, a defendant found to have broken a contract may be made to live up to the terms of the contract. Normally, however, especially in tort cases, damages are awarded by way of money.

Plaintiff: the party bringing a legal action against another party in civil court

Defendant: the party against whom a legal action is brought

Damages: money awarded by a court to a plaintiff in a civil suit to compensate for a wronged suffered

Test Yourself:

4. A court has found the defendant liable for an automobile collision in which the plaintiff, a man in his twenties, was left paralyzed. The defendant was drunk and racing his car at high speeds on city streets when the collision happened, and he sped away from the scene.
   
   If you were the judge in this case, what factors would you consider in determining the amount of damages to be paid to the plaintiff?

Turn to the Suggested Answers at the end of this lesson and compare your answer with the ones given there .

As you may have noticed, some torts are intentional, while others are not. If you slander someone's good name, you are guilty of a deliberate tort. If you injure someone because of your careless behaviour, you are guilty of negligence . Either way, if a court finds you liable (responsible) , you will likely end up paying damages (money) to the injured party to compensate that person for the harm done.

Here is an example of the law of negligence at work: Amanda purchases a blow dryer for her hair and subsequently suffers severe lung congestion. It's discovered that Amanda has been exposed to asbestos, which has caused irreparable lung damage. Amanda investigates her blow dryer, finds the asbestos, and contacts the company. The manufacturers of the blow dryer were not aware of the danger of their product, but as soon as they find out, they recall it and provide Amanda with a cash settlement for her injury.

All this could take place outside the court system. If, however, the company were to decide to fight Amanda's claim, she would then be forced to sue the manufacturer in civil court. Then the case would be settled before a judge.