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    L 9 Public and Private Law

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    Kartike Jain
    1. The document outlines the main branches of public law (criminal law, administrative law, constitutional law) and private law (property law, contract law, tort law). 2. It provides examples and explanations of key concepts within each area of law. For criminal law, it discusses classifications of crimes and examples. For tort law, it focuses on the tort of negligence, outlining the key Donoghue v Stevenson case which established the duty of care concept. 3. Overall, the document categorizes and describes the main areas of both public and private law at a high level.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    L 9 Public and Private Law

    Uploaded by

    Kartike Jain
    60 views17 pages
    1. The document outlines the main branches of public law (criminal law, administrative law, constitutional law) and private law (property law, contract law, tort law). 2. It provides examples and explanations of key concepts within each area of law. For criminal law, it discusses classifications of crimes and examples. For tort law, it focuses on the tort of negligence, outlining the key Donoghue v Stevenson case which established the duty of care concept. 3. Overall, the document categorizes and describes the main areas of both public and private law at a high level.

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    l 9 Public and Private Law

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    l 9 Public and Private Law

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    1. The document outlines the main branches of public law (criminal law, administrative law, constitutional law) and private law (property law, contract law, tort law). 2. It provides examples and explanations of key concepts within each area of law. For criminal law, it discusses classifications of crimes and examples. For tort law, it focuses on the tort of negligence, outlining the key Donoghue v Stevenson case which established the duty of care concept. 3. Overall, the document categorizes and describes the main areas of both public and private law at a high level.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    60 views17 pages

    L 9 Public and Private Law

    Uploaded by

    Kartike Jain
    1. The document outlines the main branches of public law (criminal law, administrative law, constitutional law) and private law (property law, contract law, tort law). 2. It provides examples and explanations of key concepts within each area of law. For criminal law, it discusses classifications of crimes and examples. For tort law, it focuses on the tort of negligence, outlining the key Donoghue v Stevenson case which established the duty of care concept. 3. Overall, the document categorizes and describes the main areas of both public and private law at a high level.

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    © All Rights Reserved
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    The document discusses the classification of public and private law under different branches.

    The three branches of public law discussed are criminal law, administrative law, and constitutional law.

    The three branches of private law discussed are property law, contract law, and tort law (civil wrongs).

    LEGAL METHOD

    PUBLIC & PRIVATE


    LAW
    L8
    Dr. Kalpana
    PUBLIC LAW Classification
    of Law
    3
    Criminal Law BRANCHES
    OF PUBLIC
    LAW
    Public Law
    refers to the
    “general
    standards of
    Administrative behaviour
    expected in
    Law society”

    Constitutional
    Law
    CRIMINAL LAW
    Laws (usually statute-based) restricting
    behaviours which “harm” all members of
    society

    Classifications Examples
    Crimes against the state Terrorism; treason
    Crimes against persons Murder; assault; rape
    Economic crimes (“white collar”) Tax evasion; fraud; computer hacking

    Drug offences Possession (eg: of marijuana)


    Driving offences Speeding; running red light
    Public order offences Riot; public drunkenness
    Crimes against property Theft; vandalism
    ADMINISTRATIVE LAW

    Relating to operation of the government and its


    different departments
     Eg: Education Act
     Sets out the structure of the Board of Studies and
    establishes the Board’s powers
    CONSTITUTIONAL LAW

    Relating to:
     Division of Powers (Federal / State laws)
     Separation of Powers (Parliament, Executive,
    Judicature)

     High Court hears challenges


     ACT marriage equality
     Cases must be brought to the High Court’s
    attention (High Court cannot decide to
    investigate)
    PRIVATE LAW Classification
    of Law
    3
    Property Law BRANCHES
    OF PRIVATE
    LAW
    Private Law
    refers to the
    “legal relations
    between
    individuals
    Contract Law and/or
    organisations”

    Often referred
    to as “civil
    law”
    Tort Law
    (aka Civil
    Wrongs)
    PROPERTY LAW

    Regulates the processes involved in buying or selling


    any items
     Eg: Trade Practices Act 1974
    Fair Trading Act 1987

     Both laws govern the behaviour of businesses involved in


    property transactions
    CONTRACT LAW

    Controls behaviour and protects individuals who


    have created a legally binding agreement with
    one another
     Contracts can be written, verbal or implied,
    but valid contracts must have:
     An “invitation to treat”
     An “offer”
     Consideration (i.e. benefit to both parties)
     Acceptance
     Both parties must enter a contract “in good
    faith” (i.e. with the intention to act fairly)
    TORT LAW
    (CIVIL WRONGS)

     NOT criminal matters (even though many


    people think of them this way)
     Involve incidents where one person has
    inconvenienced or breached the rights of
    another.

    Negligence Nuisance Trespass Defamation


     Common tort
     Key concept is of ‘duty of care’
     Everyone has some legal responsibility to
    ensure that they do not cause harm to others
    NEGLIGENCE
    or their property
     Established through the case Donoghue
    v Stevenson (1932) [the snail in the
    bottle]
     Mrs Donoghue met a friend in a café; the
    friend bought drinks for them both – ginger D case
    beer.
     The café owner poured some ginger beer Donogh
    into Donoghue’s glass; Donoghue drank ue v
    this, then poured the rest of the bottle.
     A half-rotted snail fell out of the bottle into Stevens
    the glass. Donoghue became physically ill
    as a result of this.
    on
     Donoghue launched legal action against Mr (1932)
    Stevenson, who made the ginger beer.
     Because Donoghue did not buy the drink, onoghu
    the initial decision was that she had no ev
    contract (either with the café or the
    manufacturer) so could not sue. Stevens
     Donoghue appealed, and the case was
    eventually heard in the British House of
    on
    Lords (1932)
     The judge decided that individuals should
    be protected against products which are Donogh
    not of an appropriate standard (and should
    be able to seek remedy if they are harmed ue
    in this way). v
     The judge also decided that there was an
    implied contract between Stevenson and Stevens
    Donoghue – it was reasonable for
    Donoghue to expect that the drink she
    on
    consumed would be safe, even though she (1932)
    did not purchase it herself.
     Stevenson, the softdrink manufacturer, was evenso
    proven to have a duty of care to produce a n
    product that was safe to drink.
    (1932)
    – FINAL
    DECISI
    ON
    NUISANCE
     Involves one person interfering with
    the rights of another
     Eg: a neighbour playing very loud
    music late at night (causing a
    nuisance)
    TRESPASS
     Involves on person
    interfering with the property
    of another
     Usually involves entering
    someone’s land without
    permission
     Involves damaging another person’s
    DEFAMATION
    reputation
     Eg: publishing or broadcasting
    misleading information about a person
    AND this information damaging the
    reputation of that person
     NOT defamation if:
     The information is true
     The person’s reputation is unharmed (i.e.
    people don’t think less of them because of the
    statement)

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