This document provides an overview of public law and private law in three branches each. Public law includes criminal law, administrative law, and constitutional law. Criminal law deals with crimes against society, people, and property. Administrative law relates to government operations. Constitutional law establishes the structure of government and protects civil rights. Private law also has three branches: property law, contract law, and tort law. Tort law, sometimes called civil law, addresses non-criminal incidents like negligence, nuisance, trespass, and defamation through civil lawsuits rather than criminal charges. The landmark negligence case Donoghue v Stevenson established the legal concept of duty of care.

1. Classification
of LawPUBLIC LAW

2. Criminal Law
Administrative
Law
Constitutional
Law
Public Law
refers to the
“general
standards of
behaviour
expected in
society”
3
BRANCHES
OF PUBLIC
LAW

3. Laws (usually statute-based) restricting behaviours
which “harm” all members of society
CRIMINAL LAW
Classifications Examples
Crimes against the state Terrorism; treason
Crimes against persons Murder; assault; rape
Economic crimes (“white collar”) Tax evasion; fraud; computer hacking
Drug offences Possession (eg: of marijuana)
Driving offences Speeding; running red light
Public order offences Riot; public drunkenness
Crimes against property Theft; vandalism

4. Relating to operation of the government and its
different departments
 Eg: Education Act 1990 (NSW)
 Sets out the structure of the Board of Studies and
establishes the Board‟s powers
ADMINISTRATIVE LAW

5. Relating to:
Division of Powers (Federal / State laws)
Separation of Powers
(Parliament, Executive, Judicature)
High Court hears challenges
ACT marriage equality
Malaysia “solution”
Cases must be brought to the High Court‟s
attention (High Court cannot decide to
investigate)
CONSTITUTIONAL LAW

6. Classification
of LawPRIVATE LAW

7. Property Law
Contract Law
Tort Law
(aka Civil
Wrongs)
Private Law
refers to the
“legal relations
between
individuals
and/or
organisations”
Often referred
to as “civil
law”
3
BRANCHES
OF PRIVATE
LAW

8. Regulates the processes involved in buying or selling
any items
 Eg: Trade Practices Act 1974 (Cth)
Fair Trading Act 1987 (NSW)
 Both laws govern the behaviour of businesses involved in
property transactions
PROPERTY LAW

9. Controls behaviour and protects individuals who
have created a legally binding agreement with
one another
Contracts can be written, verbal or
implied, but valid contracts must have:
 An “invitation to treat”
 An “offer”
 Consideration (i.e. benefit to both parties)
 Acceptance
Both parties must enter a contract “in good
faith” (i.e. with the intention to act fairly)
CONTRACT LAW

10. NOT criminal matters (even though many
people think of them this way)
Involve incidents where one person has
inconvenienced or breached the rights of
another.
TORT LAW
(CIVIL WRONGS)
Negligence Nuisance Trespass Defamation

11. Common tort
Key concept is of „duty of
care‟
Everyone has some legal
responsibility to ensure that
they do not cause harm to
others or their property
Established through the
case Donoghue v Stevenson
(1932) [the snail in the
bottle]
NEGLIGENCE

12. DonoghuevStevenson
(1932)
 Mrs Donoghue met a friend in a café; the
friend bought drinks for them both – ginger
beer.
 The café owner poured some ginger beer
into Donoghue‟s glass; Donoghue drank
this, then poured the rest of the bottle.
 A half-rotted snail fell out of the bottle into
the glass. Donoghue became physically ill
as a result of this.
 Donoghue launched legal action against Mr
Stevenson, who made the ginger beer.
 Because Donoghue did not buy the
drink, the initial decision was that she had
no contract (either with the café or the
manufacturer) so could not sue.
 Donoghue appealed, and the case was
eventually heard in the British House of
Lords

13. DonoghuevStevenson
(1932)–FINALDECISION
 The judge decided that individuals should
be protected against products which are
not of an appropriate standard (and should
be able to seek remedy if they are harmed
in this way).
 The judge also decided that there was an
implied contract between Stevenson and
Donoghue – it was reasonable for
Donoghue to expect that the drink she
consumed would be safe, even though she
did not purchase it herself.
 Stevenson, the softdrink manufacturer, was
proven to have a duty of care to produce a
product that was safe to drink.

14. Involves one person
interfering with the rights
of another
Eg: a neighbour playing very
loud music late at night
(causing a nuisance)
Often heard in Community
Justice Centres (not courts)
NUISANCE

15. Involves on person
interfering with the
property of another
Usually involves entering
someone‟s land without
permission
Cal also involve trespass
against the person (but this
will usually fall under
Criminal Law)
TRESPASS

16. Involves damaging another
person‟s reputation
Eg: publishing or
broadcasting misleading
information about a person
AND this information
damaging the reputation of
that person
NOT defamation if:
The information is true
The person‟s reputation is
unharmed (i.e. people don‟t think
less of them because of the
statement)
DEFAMATION