Civil Law: Based On Contracts Based On Torts

CIVIL LAW
• Based on Contracts
• Based on Torts
Definition: Civil Law
 Civil law is a body of rules that defines and protects the private rights of
citizens, offers legal remedies that may be sought in a dispute, and covers
areas of law such as contracts, torts, property and family law. Civil law is
derived from the laws of ancient Rome which used doctrines to develop
a code that determined how legal issues would be decided.
 Civil law is synonymous with “common law,” or “judge-made law” which
relies on prior court decisions to determine the outcome of cases. The
governing principle is “Stare Decisis,” which means that the outcome of a
lawsuit depends on the outcomes of previous similar cases.
-for more info…List location or contact for specification (or other related documents)
LAW
CIVIL CRIMINAL
CONTRACTS TORTS FELONY MISDEMEANOR
UNINTENTIONAL INTENTIONAL STRICT LIABILITY
ASSAULT & INVASION OF FALSE

NEGLEGENCE DEFAMATION FRAUD
BATTERY PRIVACY IMPRISONMENT
Contract Law
 Contract law deals with agreements between two or more parties,
each of which is obligated to hold up their portion of the agreement.
 If one party violates any of the provisions of the contract, they have
committed a civil wrong known as “breach of contract.” Generally
speaking, contracts may be oral or written, however there are certain
types of contracts that must be put in writing.
Contract
 A contract is an agreement between two or more competent persons upon
sufficient consideration ( renumeration), to do or not to do some lawful act.
 A contract is considered to be expressed when two parties discuss and
agree orally or in writing to its terms, e.g. that a nurse will work at a
hospital for a stated length of time and under stated conditions. An
implied contract is one in which there has been no discussion between the
parties but the law considers that a contract exists.
 In the contractual relationship between nurse and client, clients have the
right to expect that nurses caring for them have the competence to meet
their needs. This implies that the nurse has a responsibility to remain
competent. The nurse has the associated right to expect the client to
provide accurate information as required.
Four Elements That Will Make a Contract Valid
1. The act contracted for must be legal. The nurse’s employment must be
legal and their duties to be performed and services provided must be
within the law. For example, the nurse cannot be required to provide
services that are not permitted in the nurse practice act.
2. The parties to the contract must be of legal age and competent ( free of
mental impairment) to enter a binding agreement.
3. There must be mutual agreement about the service to be contracted for.
A contract becomes invalid, for example, if the nurse does not accept an
offer of hire. A contract is usually for employment and does not specify a
unit or service area.
4. There must be compensation (or promise of it) for the service to be
provided.
Legal Roles of Nurses
1. Provider of service
* Liability
* Standard of care
* Contractual obligations
2. Employee or Contractor for Services
3. Citizen
Tort Law
 Tort law is a branch of civil law that is concerned with personal injury
and civil wrongdoing. A tort is a civil wrong, done by one person or
entity to another which results in injury or property damage, and
frequently involves monetary compensation to the injured party.
Categories of Torts
 Negligence is an unintentional tort, to which there are four elements
that must be satisfied.
1. Duty
2. Breach of duty
3. Causation
4. Damages
Categories of Torts
 An intentional tort is a deliberate wrongdoing in which the defendant
acted with intent to cause harm or injury. Some examples of
intentional torts include: assault and battery, false imprisonment,
fraud, invasion of privacy, and intentional infliction of emotional
distress.
ASSAULT AND BATTERY
 Assault can be described as an attempt or threat to touch another
person unjustifiably. Assault precedes battery; it is the act that causes
the person to believe a battery is about to occur.
 Battery is the willful or unpermitted touching of a person (or the
person’s clothes or even something the person is carrying) which may
or may not cause harm. In order to be actionable at law, however, the
touching must be unpermitted. For example, the nurse who
administers a hypodermic injection to client or ambulates a client
without his or her consent could be held liable for battery.
FRAUD
 Fraud is the false presentation of some fact or facts with the intention
that it will be acted upon by another person. For example, it is a fraud
for a person to present false records of education to gain admission to
a nursing school. It is also a fraud for a nurse applying to a hospital for
employment to omit two employers for deceptive reasons when she
or he is asked to list the previous five employers.
INVASION OF PRIVACY
 The right to privacy is the right of individuals to withhold themselves
and their lives from public scrutiny. Invasion of privacy is a direct
wrong of a personal nature. It injures the feelings of the person and
does not take into account the effect of revealed information on the
standing of the person in the community. The right can also be
described as the right to be left alone.
FALSE IMPRISONMENT
 It is unjustifiable detention that deprives a person of personal liberty
for any length of time. For example, a nurse who locks a client in a
room unjustifiably is guilty of false imprisonment. False imprisonment
accompanied by forceful restrain or threat of restraint is assault and
battery.
 Although nurses may suggest to a client under certain circumstances
that he or she remain in the room or in the bed, the client must not
be detained against his or her will. The client has the right to insist
upon leaving through it may be detrimental to health.
Categories of Torts
 Strict liability is a tort that does not require actual negligence or
intent to injure. It is based on an absolute or “strict” duty to ensure
something is safe. Strict liability frequently comes into play with
hazardous activities.

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CIVIL LAW

CONTRACTS TORTS FELONY MISDEMEANOR

UNINTENTIONAL INTENTIONAL STRICT LIABILITY

ASSAULT & INVASION OF FALSE

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