Bill: Draft Civil Code Act

[Pepecuu]

A
BILL
To

Establish a Civil Code

The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:​

1 - Short Title and Enactment
(1) This Act may be cited as the 'Civil Code Act'.
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by Senator xEndeavour.
(4) This Act has been co-sponsored by Senator xEndeavour.

2 - Reasons
(1) To provide a single source of truth for civil violations..
(2) To simply existing laws.
(3) To provide a legal test for violations and establish a more robust way of listing violations and their meanings.

3 - Repealed laws
(1) Act of Congress - No More Defamation Act

4 - Additions to the Code
(1) Additions are to be formatted in accordance with the code standard formatting.

(#) Violation Name

Penalty: Various options.
(a) A maximum monetary fine;
(b) A compensatory order;
(c) Disqualification from specified rights or privileges;
(d) First, Second, Subsequent violation list
(e) All separated by a semi-colon.

A person commits a violation if the person:
(a) establish the legal test for your violation

Relevant Law:
(a) Clerks can add or remove relevant laws
(b) Clerks can add or remove landmark common law verdicts
(c) Changes to this section are informative and are actionable without legislative authority for cases/laws which are relevant.

5 - Display of the Code
(1) The code will be aesthetically presented on the Laws page for display purposes.
(2) This Act of Congress will be updated as required and is the authoritative legal document.
(3) All parts after this section will be presented on the Laws page.

PART I: INTERPRETATION AND APPLICATION

This Part sets out the guiding principles, definitions, and legal standards that govern how this Code is to be read, understood, and enforced. It provides the foundational framework for interpreting violations, resolving conflicts of law, and ensuring the fair and consistent application of justice across the Commonwealth of Redmont.

4 - Common Law Principles
(1) This Code shall be interpreted in a manner consistent with the principles of natural justice and common law unless expressly excluded. Judicial reasoning and precedent may inform interpretation and application of this Code where the law is silent or ambiguous.

5 - Purpose and Spirit of the Law
(1) This Code shall be interpreted to give effect to its purpose and the spirit of the law. Courts and enforcement bodies must avoid construing provisions in a manner that produces absurd, unjust, or unintended results.

6 - Codification of Criminal and Civil Law
(1) This Code constitutes the exclusive and non-exhaustive listing of civil violations within the jurisdiction of Redmont.
(2) No person may be charged with a civil violation unless that violation is contained within this Code.
(3) Any new violation that seeks to impose a civil sanction must be introduced as an amendment to this Code.

7 - Conflict of Laws
(1) Where any other Act, regulation, directive, or rule conflicts with a provision of this Code, this Code shall prevail to the extent of the inconsistency and the conflicting act will be updated to reflect the content of this act.

8 - Remedies
(1) Where a violation under this Code provides for a list or range of remedies or civil penalties, it shall be within the discretion of the judicial officer to impose any part or the whole of the prescribed remedy or penalty, subject to the limits set out in this Code.
(2) In exercising discretion, the judicial officer shall consider—
(a) the nature and seriousness of the violation;
(b) the intent and conduct of the violator;
(c) any aggravating or mitigating circumstances;
(d) the violator’s history of compliance or non-compliance;
(e) the protection of the community and the deterrence of future violations.
(3) A judicial officer may impose a lesser remedy or penalty than the maximum provided for the violation, or a combination of remedies, unless—
(a) the law specifically requires the imposition of a mandatory minimum remedy or penalty; or
(b) the violation expressly prohibits alternatives to the maximum remedy or penalty.
(4) Nothing in this section limits the authority of the courts to impose additional lawful remedies, such as restitution, compensatory damages, injunctive relief, or specific performance, where such powers are established under this Code or another Act.

9 - Civil Law Definitions
(a) Violation means any act, omission, negligence, or conduct which contravenes a provision in this Code and is punishable by penalty, civil remedy, and or sanction.
(b) Civil law pertains to the regulation and resolution of disputes between individuals, organisations, or government bodies, concerning private rights and obligations. Remedies under civil law may include damages, specific performance, injunctions, or other forms of equitable relief.

PART II: CONTRACTS AND TRANSACTIONS

This Part addresses violations arising from contractual relationships, financial transactions, commercial dealings, and consumer protection. It ensures fair dealing, honesty, and compliance with obligations owed between individuals, businesses, and other entities.

---

(1) Breach of Contract
Penalty: No Fixed Penalty
A person commits a violation if the person:
(a) fails to perform obligations under a valid and enforceable contract without lawful excuse.
Relevant Law: Act of Congress - Contracts Act

---

(2) Misrepresentation
Penalty: No Fixed Penalty
A person commits a violation if the person:
(a) makes a false statement of fact that induces another party to enter into a contract.
Relevant Law: Act of Congress - Contracts Act

---

(3) Misleading Conduct in Trade or Commerce
Penalty: Up to $7,500 fine; compensatory order; rescission of contract
A person commits a violation if the person:
(a) engages in conduct that is misleading, deceptive, or likely to mislead or deceive another person in connection with the promotion, sale, or supply of goods or services.

Relevant Law: N/A

---

(4) Failure to Deliver Goods or Services
Penalty: Up to $5,000 fine; compensatory order; specific performance order
A person commits a violation if the person:
(a) fails without lawful excuse to deliver goods or services that they have agreed to supply under a valid transaction or contract.
Relevant Law: N/A

---

PART III: PROPERTY

This Part governs civil violations involving the possession, use, or enjoyment of property. It protects private rights in land and goods, including trespass, nuisance, and unlawful interference with property rights.

---

(1) Damage to Property
Penalty: Up to $4,000 fine; compensatory order for repair or replacement costs
A person commits a violation if the person:
(a) intentionally or negligently causes damage to another person's property.
Relevant Law: N/A

---

PART IV: REPUTATION AND COMMUNICATION

This Part concerns violations that harm personal or organizational reputation, privacy, or communications. It provides remedies for defamation, invasion of privacy, and related civil wrongs arising from the misuse of information or communications.

---

(1) Defamation
Penalty: No Fixed Penalty
A person commits a violation if the person:
(a) makes a false statement and/or communication that injures a third party’s reputation, whether through libel or slander.
Relevant Law: N/A

---

(2) Libel
Penalty: No Fixed Penalty
A person commits a violation if the person:
(a) expresses a defamatory statement through documents, signs, published media, or any communication embodied in physical form, which injures a person's reputation, exposes a person to public hatred, contempt or ridicule, or injures a person in their business, profession, or organization.
Relevant Law: N/A

---

(3) Slander
Penalty: No Fixed Penalty
A person commits a violation if the person:
(a) makes a false statement, usually through discord or in-game messages, that defames another person's reputation, business, profession, or organization.
Relevant Law: N/A

---

PART V: EMPLOYMENT AND LABOUR

This Part governs civil disputes arising in employment and labour relationships, including breaches of employment contracts, wrongful dismissal, discrimination, and the protection of workplace rights and obligations.

---

(1) Unfair Dismissal
Penalty: No Fixed Penalty
A person commits a violation if the person:
(a) terminates an employee's employment without lawful cause or without reasonable notice.
Relevant Law: N/A

---

(2) Wage Theft
Penalty: No Fixed Penalty
A person commits a violation if the person:
(a) unlawfully withholds wages, benefits, or entitlements legally owed to an employee.
Relevant Law: N/A

PART VI: PUBLIC ADMINISTRATION

This Part addresses civil violations relating to obligations owed to public authorities, administrative bodies, and government institutions. It ensures compliance with lawful orders, administrative requirements, and promotes the integrity of public governance.

---

(1) Failure to Respond to Freedom of Information
Penalty: Up to $5,000 fine; Writ of Mandamus
A person commits a violation if the person:
(a) unreasonably delays or fails to respond to a valid Freedom of Information request within the time limits prescribed by law.
Relevant Law: N/A

---

PART VII: MISCELLANEOUS

This Part contains civil violations that do not fall neatly within the specific subject areas of the preceding Parts but nonetheless require regulation to maintain private rights, public order, and fair dealings within the Commonwealth of Redmont.

---

(1) Breach of Confidentiality Agreement
Penalty: No Fixed Penalty
A person commits a violation if the person:
(a) discloses confidential information in breach of a lawful confidentiality agreement.
Relevant Law: N/A

---

(2) Unjust Enrichment
Penalty: No Fixed Penalty
A person commits a violation if the person:
(a) obtains and retains a benefit at another's expense without legal justification.
Relevant Law: N/A

---

(3) Abuse of Legal Process
Penalty: No Fixed Penalty
A person commits a violation if the person:
(a) initiates or pursues a legal claim in bad faith, for improper purposes, or without reasonable basis.
Relevant Law: N/A

---