Lecture 1 Flashcards
What are the unwilful sources of obligation?
- Beneficial act
- Tortious act
- Authority of the law
How does the UAE Civil Transactions Law base liability in tort?
They base it liability in tort on the tortious act, not on contractual relationships.
How does the English Tort Law base liability in tort?
They lack a general rule for determining the basis of such liability.
What distinguishes civil liability from criminal liability?
Civil liability is concerned with the tortious act inflicting harm on a particular person, whereas criminal liability is concerned with the tortious act harming society.
What rights does the aggrieved party have under civil liability?
The aggrieved party is entitled to compensation with the right to make a claim and bring a lawsuit before the competent court, they can waive such a right and the death of the tortfeasor shall not deprive the aggrieved party of having compensation from its heirs or successors.
What legal implications does criminal liability have on civil liability?
- Prescription (time bar)
- Jurisdiction
- Res judicata
Define the legal term ‘prescription’
Civil cases usually have a prescribed time period where they can be heard in court, but after this time period elapses they can no longer be heard in court. Unless, the civil case arises from a criminal case that is still being heard in court.
Define the legal term ‘jurisdiction’
Civil proceedings are considered ancillary to criminal lawsuits, but said cases still have the option to be brought before criminal courts.
Civil courts must abide by the judgement of the criminal court .
Define the legal term ‘res judicata’
It is a final judgement delivered by the criminal court that prevents the relitigation of a matter between two parties and also the civil court must abide by the decision of the criminal court regarding the fact of a crime being committed by a criminal.
What does it mean if a criminal court delivers a ‘judgement of acquittal’?
Under this judgement, compensation cannot be ordered if the act was not considered to be committed in the first place however, it can be ordered by the civil court if the act is not a crime or the time bar for criminal litigation (prosecution) has elapsed because it does not affect the criminal courts’ decision.
