The Civil Law Theory

Introduction:

Law has been existed since the ancient times in various ways, sometimes it is to protect human from their rights or to make people aware of their limits. Today, Law plays an important role in our day to day life for helping us to behave in certain ways and abide by the rules in the society which we live. Our behaviour towards the neighbours is considered to be an essential aspect to help us live in harmony and togetherness.

However, it’s our duty to care and respect our neighbours ad failing so might lead us to law cases. Such is the case for Sarah and Mary.

According to the above scenario, Mary, Sara, Vincent and the stray dog which was named Cookie formed part of the Civil law theory. The Civil law theory is a form of private

Tort law covers most civil lawsuits. Essentially, every claim that arises in civil court, with the exception of contractual disputes, falls under tort law. The concept of this area of law is to redress a wrong done to a person and provide relief from the wrongful acts of others, usually by awarding monetary damages as compensation. After all, as per article 1385 from Code Civil Mauricien (CCM) “Le propriétaire d’un animal, ou celui qui s’en sert, pendant qu’il est a son usage, est responsable du dommage que l’animal a causé, soit que l’animal fût sous sa gard,soit qu’il fût égarer ou échappé.” Henceforth, according to the article we can consider Mary is responsible for the damaged since the stray dog; “Cookie” was accompanied by her. Therefore, it was her responsibility to take care of it and prevent it from entering her neighbour, Sara’s garden since it was under her

There was a breach of contract between Sara and Vincent; she will not be paid by Vincent.

Ability to contract

As per articles 1123-1125 deals with the ability of parties to enter into a contract. In case there is a non-execution of the contract binding the two parties i.e. Sara and Vincent, due to certain conditions there may be no legal obligations attached to it .The three types are:

1) Full absolution

2) Partial absolution

3) Limited sum absolution of a contract

According to the case, Sara and Vincent agreed for the sale of the orchids, but due to foreseen circumstances, all have been destroyed by the stray dog Cookie. Therefore, since the orchids are no longer present the contract is not valid.

Nevertheless, all have been recorded on camera henceforth the unfortunate situation could have been prevented if Sara would take a look at her camera; however it was also negligence from her part. According to the case, it is only the next morning that Sara discovered that all her orchids have been devastated. It is quite certain that Sara might bear loss of income due to that situation.