. Deals with the relationship between citizens and the State. · Sets out the basic rules of societal living. · Provides the consequences for breach of such rules. . Example- Criminal Law, Constitutional Law. · Jack is found in possession of controlled drugs . Contravention of the Misuse of Drugs Act · Criminal Law · The 'State' will prosecute · Public Law · Concerned with issues/disputes between private bodies, individuals, companies. . The State provides the legal framework for settling the disputes, but, the parties are private persons or entities. · Note: a public body can be involved in a private dispute and private law will apply (example provided in later slide). · Jill owns a house in Lincoln, with a large back garden · Becky decides to encroach into Jill's back garden · Property Law · Private Law · Rights in rem. · Rights attach to a 'thing'. · Rights connect a person to the thing. · Example, ownership of a house attaches the owner to that house and rights emerge against any others to prevent interference in relation to that house . · Rights in personam. · Deals with relationships between persons. · Connects one person to another person. . The connection is not to a thing, even though a thing might be the subject of the obligation created. . Example, if I promise to sell my car to you for £500, the car is the subject of the obligation, however, our rights rest in the obligation we have made to each other. · Part of the Law of Obligations. · Voluntarily created and assumed. · Can create obligations for future performance. . Standards of performance are usually in accordance with the terms of the contract. · Remedies are aimed at putting the claimant in a position he/she would have been in if the contract was performed satisfactorily. · Obligations created by Law. · Involuntarily assumed duties. · Aim is to prevent wrongs. · Imposes standards of behaviour.
· Remedies are aimed at putting the claimant in the position he/she would have been in had the tort not occurred. . Per Jackson LJ · Contractual obligations are negotiated by the parties and then enforced by law because the performance of contracts is vital to the functioning of society. · Tortious duties are imposed by law (without any need for agreement by the parties) because society demands certain standards of conduct.