Tort Law–Substance and Procedure
What's the difference between Procedural Law and Substantive Law? Procedural law consists of the set of rules that govern the proceedings of the court in. Substantive law and procedural law work together to ensure that in a criminal or civil case, the appropriate laws are applied and the proper. Law is sometimes divided into substantive law and procedural law. First, there is the law that generally organizes the government and sets out the relationship.
Difference Between Procedural Law and Substantive Law (with Comparison Chart) - Key Differences
Substantive Law Explained Substantive law consists of written statutory rules passed by legislature that govern how people behave. These rules, or laws, define crimes and set forth punishment.
They also define our rights and responsibilities as citizens. There are elements of substantive law in both criminal and civil law. Civil law differs from criminal law in that it applies to interactions between citizens. Rather than dealing with crime, civil law deals with tort, or actions that aren't necessarily illegal but can be proven to be damaging in some way.
For example, if you sue a neighbor for cutting down a tree and letting it land on your house, that would be a civil case dealing with tort rather than a criminal case dealing with crime. Substantive law is used to determine whether a crime or tort has been committed, define what charges may apply and decide whether the evidence supports the charges.
Let's say a person is caught drunk driving. English and German scholars have written on the defence at change of position as it is understood by English law.
In Australia in David Securities Pty Ltd v Commonwealth Bank of Australia, 13 the defence of change of position has not been expressly accepted in Australia, but the Court accepted that if payments made under a mistake were prima facie recoverable, a 11 CLR at 12 See also Bofinger v Kingsway Group Ltd CLR at 86 13 CLR at 9 defence of change of position is necessary to ensure that enrichment of the recipient is prevented only in circumstances where it would be unjust.
German law does not have one discrete law of unjust enrichment by which restitution is provided, which the English Courts require.
In contractual dealings, under the BGB restitution provisions are contained in the law of obligations; property; family and succession and in other places. However, the important aspect of the concept is contained in art 1 of the BGB, The condictio could be used whenever a specific sum of money or a chattel had to be handed over to the plaintiff, regardless of the source of the obligation to do so.
- Tort Law–Substance and Procedure
- Difference Between Procedural Law and Substantive Law
- Substantive Law vs. Procedural Law: Definitions and Differences
The provision is the first requirement under English law that the recipient benefits at the expense of the other, Goff and Jones16 said that the principle of unjust enrichment, presupposes three things: English law does not contain the essential requirement that the transfer of a benefit be without legal ground.
This duty also exists if the legal grounds later lapse or if the result intended to be achieved by those efforts in accordance with the contents of the legal transaction does not occur. In German law any transfer of wealth which occurs without legal reasons can be recovered.
The action is available as long as the person conferring the benefit did not know that he or she was not bound to do so. The person who buys a car with the money received, and the car is of equal value, there is no loss of enrichment. If the value of the car is less, the purchaser is no longer enriched to the same extent and does not have to pay back all of the money. What unjust means in this context, was provided by the decision of the House of Lords in Lipkin Gorman a firm re Carpmale Ltd20 in which the defendants changed their position following the receipt of money in circumstances such as mistake was accepted to a defence for a claim for restitution.
Because the casino had not given valuable consideration to the firm for the cheque, there was prima facie an entitlement in the firm for restitution. Under the change of position defence, there was no difficulty, however the casino claimed it acted in good faith and it would be unjust and unfair to order restitution, that is one of a change of position defence.
Lord Goff concluded that English law ought to recognise such a defence. The Statement of Claim shall contain: Section Content of the written pleadings The preparatory written pleadings should provide: The designation of the parties and their legal representatives by name, status or business, place of residence and position as a party; the designation of the court and of the subject matter of the litigation; the number of annexes; 2.
The petitions that the party intends to file with the court at the session; 3. Information on the factual circumstances serving as grounds for the petitions; 4. The declarations regarding the facts alleged by the opponent; 5.
The designation of the evidence that the party intends to submit as proof of any facts alleged, or by way of rebutting allegations, as well as a declaration regarding the evidence designated by the opponent; 6.
The signature of the person responsible for the written pleading; if it is transmitted by telefax telecopierthe signature shall be shown in the copy. Section 1 The parties are to attach to the written pleadings they are submitting to the court the number of copies of the written pleadings and their annexes that are required for service of same.
This shall not apply to any documents transmitted electronically, nor shall it apply to annexes that are available to the opponent in their original versions or as copies. Designate the record or document; 2.
Designate the facts the record or document is intended to prove; 3. Designate, as completely as possible, the contents of the record or document; 4.
Difference Between Substantive and Procedural Law
Cite the circumstances based on which it is being alleged that the opponent has possession of the record or document; 5. Designate the grounds based on which the obligation results to produce the record or document. These grounds must be demonstrated to the satisfaction of the court.
Issuing of subpoena cf SCR Part 37, rule 2 1 The court may, in any proceeding, by subpoena order the addressee: German Civil Law Procedure about production of documents Section Inspection of records or documents 1 Wherever a party is asked to do so in due time, it is under obligation to deposit with the court registry any records of documents that it has at hand and that it has referred to in a preparatory written pleading; it shall be obligated to do so prior to the hearing for oral argument, and to inform the opponent that it has so deposited them.
Procedural Law It is fairly obvious that all the substantive law in the world will not help you, anyone, or any organization if and when it is not obeyed. When it is not obeyed, there must be a way to enforce the rights and duties that the various kinds of substantive law provide. Procedural law is the law that generally provides the ways and means of enforcing the rights and duties that the various kinds of substantive law provide.
There is a special procedure for enforcing criminal law, known as criminal procedure. The procedure that applies to all other kinds of substantive law, including tort law, is known as civil procedure.
First, your personal injury lawyer advises you as to your rights and duties under the substantive law, especially tort law. Second, your personal injury lawyer guides your case through the procedure for enforcing tort law: