PRIVATE LAW

Text 3

The other general category of law is private law. Private law is the body of law that governs how people act toward one another. Such laws usually do not directly involve the government. Private law also is called civil law.

TORT LAW.A tort is a wrong or injury someone suffers at the hands of another person. So, tort law includes laws that talk about the rights and duties of people involved in a dispute.

Earlier in this chapter, you read a story about a woman who was injured at her neighbor’s house. This would be considered a tort. Car accidents are torts. If someone were to hit your car on purpose, of course, that person has committed a crime. But, he or she also has committed a tort.

CONTRACT LAW.A contract is an agreement between two parties. The two parties can be people or businesses. The terms of the agreement in a contract must be enforceable by law. Such laws are a part of contract law.

Some contracts are written down. For example, a paint store might have a written contract with a paint manufacturer. The contract says that the paint manufacturer will supply 200 gallons (757 liters) of paint to the store each month. In return, the store will pay the manufacturer a certain amount of money for every 200 gallons (757 liters) of paint received.

Suppose the paint manufacturer delivers 200 gallons (757 liters) of paint in July. But, the paint store does not pay the manufacturer for the paint received. Contract law says that the paint store can be charged with breach of contract. Breach of contract means that one party failed to perform a promise as stated in the contract. In this case, the paint store did not live up to its side of the bargain.

Contracts also can be oral. Perhaps your parents ask the next-door-neighbor to paint their garage. The neighbor agrees to do this. Your parents buy all the supplies. They also pay your neighbor $100. If the neighbor does not paint the garage, he or she can be found in breach of contract.

CORPORATION LAW.Corporation law includes all laws dealing with how corporations can be formed and how they can be operated. As you can guess, corporation law and contract law are closely linked. This is because corporations use so many contracts.

FAMILY LAW.Family law is that body of law that deals with the family unit. Included in this broad category are laws about marriage, divorce, abandonment, and adoption.

PROPERTY LAW. Property law includes laws that have to do with property. Some property is considered to be real property. This includes land and anything that is built or growing on that land. Personal property includes most of the things people own, such as clothing and cars. Property law deals with both of these kinds of property.

INHERITANCE LAW.This body of laws is closely associated with property law. This is because inheritance law deals with the transfer of property after death. Of course, people can make out wills that tell to whom property should be given. Inheritance law includes laws about making wills. If no will is left, inheritance law also dictates who will get what.