Civil law deals with disputes between private parties, or negligent acts that cause harm to others .
Family law Civil; cases involving divorce, parental responsibility for children, spousal support, child support and division of property between spouses
Estates and probate matters are Civil Law cases.
The claim in Civil cases is called damages and is usually in the form of money awarded to make up for the harm inflicted. Although the Court can Order specific performance of an act to occur and/or injunction (prohibition) of further acts.
Almost all crimes have some underlying Civil Claim which encompasses intentional acts. For instance, the crime of murder would open the door to an underlying civil claim of Wrongful Death, Assualt or battery also have civil claims of damages resulting in monetary judgments. Theft and many other crimes also would have underlying Civil Claims.
Breach of Contract is usually intentional.
Any damage caused by the negligence of another person or thing is compensable. Negligence is a broad theory of law allowing the injured person compensation for damages. Negligence requires the showing that the person or thing being sued:
a. Owed the damaged person or thing a duty of care
b. That a breach in that duty of care (fault) resulted
c. Which caused damages
d. That damages can be ascertained and compensated
All this must be shown by the legal standard of Preponderance of the Evidence; usually simply described as "more probably than not" or 51%-49%. This standard is to be rendered by a jury objectively using the "Reasonable Person Standard", in other words, what would a reasonable and prudent person have done in the same situation?
Common examples of negligent actions are:
A contract is a legally enforceable agreement between two parties. Each party to a contract usually promises to either perform a specific duty or pay a fixed amount. If one party fails to act as promised, and the other party has fulfilled their own duties under the contract, the person who has fulfilled his obligation has legal recourse to sue.
All other contracts can be Oral, HOWEVER:
Generally, both written and Oral are legally enforceable. It is always best to write down the terms of the contract up front when we are all getting along in case there is some dispute later. If the contract is oral, the parties to the contract may later remember different details about the contract terms or forget certain terms entirely, which will make it difficult to prove.
What are Damages?
This is monetary compensation that must be made by the breaching party to compensate the other party for losses and other expenses connected with the breach. A damages award may include:
In some breach of contract claims, a damages award may not be appropriate, or it may not be allowed under law. In such cases, the court may order an “equitable remedy” rather than a monetary damages award. An equitable remedy consists in the court ordering one or both of the parties to take certain actions to resolve the dispute. Some equitable remedies include:
Every state has a certain time limit, called a statute of limitations, in which a lawsuit must be filed after a breach of contract. If a party wants a remedy for a breach, and they do not file within this time limit, that party cannot file a lawsuit. The amount of time for filing a breach of contract lawsuit varies by state.
Contract law can be quite complicated. Additionally, every state has different lawsuit filing procedures and deadlines for breach of contract claims. Speaking with an attorney about your issue can help you make a clearer decision. An Attorney can help identify what is a breach of contract and collect all the proper documents to prove a breach. Further, an attorney can help you negotiate the terms of a contract before you make or accept an offer.