Sunday, November 21, 2010

Being Sued

Criminal Law Criminal law is used to maintain social order. It is the law enforced by police. Crimes are serious breaches of the criminal law such as murder, sexual assault and theft. Anyone who has committed a crime may be charged by the police and can be punished by receiving a fine, community service order or sent to jail. Civil Law Civil law deals with the rights and duties of individuals towards each other. Civil law applies when people do "civil wrongs" against each other. Civil law is not enforced by the police. People can sue or be sued by someone under civil law. A breach of contract A breach of contract occurs when you enter into a contract and you don't carry out the obligations under the contract. You can be sued if they breach a contract, even if you are under 18. When can I sue someone ? If someone commits a civil wrong against you such as negligence or breach of contract then you may sue then. When can I be sued ? If you commit a civil wrong such as negligence or breach of contract then you may be sued. Negligence Negligence is a type of "civil wrong". Generally speaking, when someone acts in a careless way and causes an injury to another person, that careless person is "negligent" and may be legally responsible for any resulting harm. A person or people can be sued for injuring someone or damaging their property at any age. Will parents be liable to pay damages for something that is children fault ? Parents are not usually responsible for paying damages if children have injuried someone or damaged their property. However, parents may be responsible if children acted on their behalf. Courts The small claims division of the Local Court of NSW will hear the case if the claim is under $10,000. The Local Court of NSW will hear the case if the claim is over $10,0000 but under $60,000. The District Court of NSW will hear the case if the claim is over $60,000 but under $75,000. The Supreme Court of NSW will hear the case if the claim is over $750,000.

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