CHAPTER 4 LIABILITIES AND REMEDIES IN CIVIL LAW

CHAPTER 4
LIABILITIES AND REMEDIES IN
CIVIL LAW

LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)

 CHAPTER 4 LIABILITIES AND REMEDIES IN CIVIL LAW
WHATS IS CIVIL LAW?

Civil law is applied in cases where there are two parties and they cannot come into settlement
about an issue (Mostly money related issues).

EXAMPLES OF CASES UNDER THE CIVIL LAW

Matters under civil law may include the following:

1) Contract related matters.
2) Marriage related matters and divorces.
3) Allotment of assets after death of a person according to his or her will.
4) All types of disputes under Companies Act. (Corporate Law)
5) Banking law.
6) Law of the sea, etc……

STANDARD OF PROOF IN A CIVIL CASE

In civil law, the decision of the judge or the jury is based on BALANCE OF PROBABILITIES. When a
person alone hears cases, he is a judge and where more than one judges construct a bench and
they are known as juries collectively. The decision of the juries is based on the decision of the
majority of the judges in the bench.

PUNISHMENT

There is NO PUNISHMENT OF IMPRISONMENT in Civil Law. The punishment works as remedies

to the party affected and more often the punishment is in financial terms.

The STATE and ITS PROSECUTION are not involved in civil law cases.

Rather both the parties appoint lawyers who work for them to settle the issue. The person who
goes to the court to ask for remedy and files a petition is known as PLAINTIFF and the person
against whom the charge is brought is known as the DEFENDANT.

The lawyers must try for pre-trial settlement of the issue from ethical grounds as the process of
trial is costly to both the parties and will eat up their valuable time.

LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)

 CHAPTER 4 LIABILITIES AND REMEDIES IN CIVIL LAW
REMEDIES AVAIABLE IN CIVIL LAW

• SPECIFIC PERFORMANCE:
It means forcing an individual to perform a specific action. For example, Alex refused to sell
a car to Shakib just because he is an Asian. Shakib went to the court and the court ordered
Alex to sell the car to Shakib. This is specific performance.

• INJUNCTION:
It means preventing an individual from performing a specific action. For example, you have
paid for a PS4 to Riyad but you are afraid of the fact that Riyad can sell it to another person.
If you go to the court and the court asks Riyad to sell the PS4 to you only and orders him to
stop displaying it and selling it to others, this is called injunction.

• RECTIFICATION:
It means allowing an individual to correct his mistakes. For example, you pay advance to
buy an apartment but the apartment is already sold but the information was hidden from
you when the advertisement was given. You go to the court and the court orders the seller
to return your money, this is rectification.

• RECESSION:
It means forcing an individual to restore something to pre-contract status or situation is
called Recession. For example, you wanted to buy a house and visited it to see its condition.
After seeing it, you were satisfied and paid the owner for the house but when you came to
take possession, you saw that some fittings were changed and damaged. You went to the
court and the court ordered the previous owner to rectify the damages done. This is called
recession.

• DAMAGES:
This asks the person who damaged something to compensate for it. For example, you have
broken the glasses of a car while playing cricket. The car owner goes to the court and the
court orders you to pay an amount to the car owner as compensation.

THANK YOU!

LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)

 CHAPTER 4 LIABILITIES AND REMEDIES IN CIVIL LAW

1. Describe what is “Civil Law” (2 MARKS)

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2. What is the “Standard of Proof” in a Civil Case? (2 MARKS)

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3. Describe ANY FOUR REMEDIES available in a Civil Case? (8 MARKS)

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LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)