In one of our previous posts we established that civil law will basically deal with what can be considered as a private dispute between parties, or what can be considered as an act of negligence that ends up causing harm to other parties. Civil cases can either involve an individual against another individual or an individual against a company. These types of case are usually heard in a civil court.
Here are the 4 main types of cases heard in civil court.
#1 A breach of contract
A case involving a breach of contract will typically occur when one party fails to perform part or all contractual obligations they were required to perform without having what may be considered as a legitimate legal excuse. This will apply regardless of whether the contract was oral or written. Breaches of contract cases include but are not limited to failure to complete a job, failure to pay in full or to pay on time, failure to deliver goods that have been sold or were promised, and many others.
A tort can basically be described as a wrongful act that ends up resulting in an injury to an individual, their property or their reputation. In such cases, the injured person will be entitled to some form of compensation. Tort cases include but are not limited to battery, personal injury, defamation, negligence, fraud and medical malpractice.
#3 Landlord and tenant disputes
Disputes that emerge between landlords and their tenants will also be heard in civil courts. These may include,forceful eviction, failure to pay back security deposit, damage to a tenant’s property as a result of a fault in the premise, and so on.
#4 Equitable claims
An equitable claim is whereby one party seeks orders from a civil court to order another party to either stop some form of action or take some form of action. These types of case may either be or not be joined by a claim demanding for monetary compensation. Equitable claims may include but not limited to parties seeking injunctions or temporary restraining orders against improper transfer of property ordestruction of property, amongst others.
Most of these cases will not carry a jail term for the guilty party but instead will carry punitive damages which are mostly monetary compensation. In the event the court establishes that a criminal offence was committed by one of the parties then a recommendation will be given for criminal prosecution of the affected party in a criminal court in addition to the prescribed punitive damages.