Talion77
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Talion77
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CONGRESS OF THE
COMMONWEALTH OF REDMONT
COMMONWEALTH OF REDMONT
A BILL TO
Amend and Repeal Existing Laws to Enable the 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:
PART I — PRELIMINARIES
1. Short Title and Enactment(1) This Act may be cited as the 'Redmont Civil Code Amendments Act'.
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by ToadKing.
(4) This Act has been sponsored by Speaker Talion77.
(5) This Act has been co-sponsored by President of the Senate Omegabiebel.
2. Reasons and Intent
(1) To amend all the required laws to enable the Civil Code provisions and torts to take effect.
3. Repealed Laws
(1) Act of Congress - No More Defamation Act
(2) Act of Congress - Legal Damages Act
PART 2 — Amendments
1. Criminal Code Act Amendments(1) PART I: INTERPRETATION AND APPLICATION of the Criminal Code Act shall be amended as follows:
“6 - Legal Principles
(1) Civil Damages
(a) In civil lawsuits, crimes may be used to seek damages, although damages are not presumed.
(b) Conviction is not a requirement for a crime to be regarded as a fact in a civil lawsuit; the default standard of proof for civil cases shall be used.
(c) Law regarding legal damages shall also apply to damages caused by crimes.”
(2) All remaining sections under PART I: INTERPRETATION AND APPLICATION shall be reordered and renumbered as required.
(3) PART VII: CORPORATE OFFENCES of the Criminal Code Act shall be amended as follows:
“20 - Auction Levy Neglect
Offence Type: Summary
Penalty:
(a) First offence - Up to 20 Penalty Units, or 10% of the winning bid, whichever is higher
(b) Subsequent offences - Up to 50 Penalty Units, or 30% of the winning bid, whichever is higher
A person commits an offence if the person:
(a) fails to pay the required auction levy after winning an auction.
(b) more than a week has passed since consideration for the auction has passed.
Relevant Law: Act of Congress - Commercial Standards Act'”
(4) All remaining sections under PART VII: CORPORATE OFFENCES shall be reordered and renumbered as required.
(5) PART VIII: PROPERTY OFFENCES of the Criminal Code Act shall be amended as follows:
“1 - Duty of Disclosure
Offence Type: Summary
Penalty: 20 Penalty Units
A person commits an offence if the person:
(a) fails to provide legally required property information or documents relevant to a transaction.
Relevant Law: Act of Congress - Property Standards Act
2 - Historical Building Alterations
Offence Type: Summary
Penalty:
(a) Minor - 10 Penalty Units and warning;
(b) Major - 30 Penalty Units fine and plot eviction;
Demolition - 50 Penalty Units fine and plot eviction
A person commits an offence if the person:
(a) changes the physical appearance of a preserved, historical building without permission or consent.
Relevant Law: Act of Congress - Property Standards Act
3 - Plot Limitations
Offence Type: Summary
Penalty: Eviction and/or Department action
A person commits an offence if the person:
(a) owns more properties than allowed under plot limitations, without a Realtor exemption.
Relevant Law: Act of Congress - Property Standards Act
4 - Merged Plots
Offence Type: Summary
Penalty: Administrative action
A person commits an offence if the person:
(a) treats merged plots as a single plot for ownership limits, rather than counting each sub-plot.
Relevant Law: Act of Congress - Property Standards Act
5 - Plot Releases
Offence Type: Summary
Penalty: Administrative sanction
A person commits an offence if the person:
(a) releases plots unfairly or in a manner that disadvantages players due to time zone.
Relevant Law: Act of Congress - Property Standards Act
6 - Illicit Renting
Offence Type: Summary
Penalty: 3 Penalty Units; immediate eviction at landlord’s discretion
A person commits an offence if the person:
(a) rents any apartment, office, storage, commercial space, or other rentable region despite the landlord having clearly posted restrictions prohibiting the tenant from renting said region.
Relevant Law: Bill: Draft - Criminal Terminology Act
7 - Breach of Property Standards
Offence Type: Summary
Penalty: 2 Penalty Units
A person commits an offence if the person:
(a) fails to comply with any part of the Property Standards Act.
Relevant Law: Act of Congress - Property Standards Act
8 - Violating Business District Rules
Offence Type: Summary
Penalty:
(a) First offence - 10 Penalty Units;
(c) Subsequent offences - 25 Penalty Units
A person commits an offence if the person:
(a) rents more than two Business District regions at once; or
(b) rents a new player Business District region and first joined the server more than two months prior.
Relevant Law: Act of Congress - Property Standards Act
9 - Wrongful Eviction
Offence Type: Summary
Penalty: 20 Penalty Units
A person commits an offence if the person:
(a) evicts a tenant without reasonable notice or refund.
Relevant Law: Act of Congress - Tenant Rights Act
10 - Unlawful Items in Residential Dwellings
Offence Type: Summary
Penalty: 1 Penalty Units
A person commits an offence if the person:
(a) places or maintains prohibited items, including farms, animals, liquid blocks, chest shops, or portals, in any apartment or residential dwelling.
Relevant Law:
11 - Unauthorised Leasehold
Offence Type: Summary
Penalty: 3 Penalty Units; eviction permitted
A person commits an offence if the person:
(a) rents a region when restricted from doing so by law.
(b) occupies a government office without the appropriate authority.
Relevant Law: Bill: Vote - Criminal Terminology Act
12 - Trespass
Offence Type: Summary
Penalty:
(a) First offence - 3 Penalty Units
(b) Second offence - 5 Penalty Units + 5 min imprisonment
(c) Subsequent offences - 7 Penalty Units + 10 min imprisonment
A person commits an offence if the person:
(a) enters or remains in a non-public or restricted area against instructions.
(b) is a landlord and enters a tenant's region without reasonable prior notice, unless an exemption applies.
Relevant Law:
Act of Congress Thread 'Tenant Rights Act'
13 - Residential Zoning Violation
Offence Type: Summary
Penalty: Administrative Action
A person commits an offence if the person:
(a) builds anything other than a house on a residential plot; or
(b) builds a house with more than three visible floors, excluding basements and rooftops.
Relevant Law: Act of Congress - Property Standards Act
14 - Commercial Zoning Violation
Offence Type: Summary
Penalty: Administrative Action
A person commits an offence if the person:
(a) builds anything other than commercial buildings on a commercial plot; or
(b) exceeds the 60-block height limit without approval from the Department of Construction and Transport.
Relevant Law: Act of Congress - Property Standards Act
15 - Industrial Zoning Violation
Offence Type: Summary
Penalty: Administrative Action
A person commits an offence if the person:
(a) builds anything other than factories, warehouses, or production facilities on an industrial plot.
Relevant Law: Act of Congress - Property Standards Act
16 - Skyscraper Zoning Violation
Offence Type: Summary
Penalty: Administrative Action
A person commits an offence if the person:
(a) fails to build higher than 60 blocks on a skyscraper plot; or
(b) exceeds the 200-block height limit.
Relevant Law: Act of Congress - Property Standards Act
17 - Urban Agriculture Violation
Offence Type: Summary
Penalty: Administrative Action
A person commits an offence if the person:
(a) engages in agriculture on R, S, or BM plots; or
(b) fails to conceal agriculture conducted on I or C plots.
Relevant Law: Act of Congress - Property Standards Act
18 - End Portal Obstruction
Offence Type: Summary
Penalty: Region removal
A person commits an offence if the person:
(a) impedes the use of, regions over, or blocks access to an End Portal.
Relevant Law:”
(6) All remaining sections under PART VIII: PROPERTY OFFENCES shall be reordered and renumbered as required.
(7) PART IX: MISCELLANEOUS OFFENCES of the Criminal Code Act shall be amended as follows:
“2 - Abuse of Public Resources
Offence Type: Summary
Penalty: 1 Penalty Units
A person commits an offence if the person:
(a) frivolously uses a government service sign.
Relevant Law:
3 - Academic Misconduct
Offence Type: Summary
Penalty:
1st Offence - 1 Penalty Unit
Subsequent Offences - 5 Penalty Units
A person commits an offence if the person:
(a) solicits answers to DOE-administered exam questions
Relevant Law:
4 - Breach of Academic Integrity
Offence Type: Summary
Penalty: 20 Penalty Units
A person commits an offence if the person:
(a) gives or sells answers to DOE-administered exam questions; or
(b) purchases or receives cheated answers and uses them in a DOE-administered exam. Anyone charged with Breach of Academic Integrity may not be simultaneously charged with Academic Misconduct for the same Offence.
Relevant Law:
7 - Suspension Violation
Offence Type: Summary
Penalty: 5 Penalty Units
A person commits an offence if the person:
(a) takes an exam for a government job in defiance of a department order to cease.
Relevant Law:
12 - Frivolous Government Application
Offence Type: Summary
Penalty: 5 Penalty Units
A person commits an offence if the person:
(a) creates a government job or expression of interest application without genuine intent.
Relevant Law:”
(8) All remaining sections under PART IX: MISCELLANEOUS OFFENCES shall be reordered and renumbered as required.
2. Property Standards Act Amendments
(1) The Property Standards Act shall be amended as follows:
“15 - Duty of Disclosure
(1) Failure to Disclose
A tort that occurs when a party fails to provide the other parties with all legally required information and or documents which are relevant to a property.
Per Tort: The tort may be liable for treble damages incurred by the recipient as a result of the failure to disclose.
(a) A plea of ignorance to a report is not an admissible defense to failure to disclose.”
(2) All remaining sections under the Property Standards Act shall be reordered and renumbered as required.
3. Commercial Standards Act Amendments
(1) The Commercial Standards Act shall be amended as follows:
“5 - Legal Application
(1) All offences within this law are Indictable Criminal Offences.
(2) Civil damages may be sought against these offences by way of the Legal Damages Act or a succeeding Act of the same nature.
7 - Employee Protections
(1) Unfair dismissal - The unjust termination of an employee. In determining if a termination was unjust, the following criteria must rightfully be considered:
(a) if the employee’s termination made financial sense given the regular business activities and necessity to maintain operations of the terminating party (such as in the case of normal company downsizing);
(b) whether or not the employee’s continued employment would have been a detriment to the workflow, reputation, or legal standing of the business;
(c) whether or not the dismissal was made primarily on the basis of any personally identifiable characteristics, including, but not limited to, gender, race, or political affiliation;
(i) Excepted from the provisions in §13.1.c are personally identifiable characteristics that are integral to the function of the terminated party's employment.
(d) other metrics that courts find necessary to consider in accordance with what may be considered unfair dismissal by any reasonable person and is consistent with the previous language and intent of this section. Courts may not construe this section in any way that creates a result that is odd, absurd, or otherwise inconsistent with this section or the intent thereof.
(2) Deferral of Responsibility - a worker cannot be held legally accountable where there is a deficiency in training provided by the employer, where training would reasonably be required.
(a) A worker cannot be sued for their individual actions when they are in accordance with lawful organisational directions and policy.
(b) The employer assumes all legal liability where policy is followed or the policy is unlawful.
10 - Extortion
(1) Definition: Extortion is defined as the act of obtaining something of value from someone through threats, force, or coercion, which can involve physical, financial, or other types of pressure.
(2) Parties may sue for the thing of value. If the thing of value is a decision, the commonwealth is to sue to reverse that decision.
(3) Exceptions: Extortion does not include lawful business practices, voluntary agreements, or actions taken under legal authority or judicial processes.”
(2) All remaining sections under the Commercial Standards Act shall be reordered and renumbered as required.
4. Theft Criminalisation Act Amendments
(1) The Theft Criminalisation Act shall be amended as follows:
“7 - Larceny (Civil Tort)
(1) “Larceny” shall be a civil tort. The tort of Larceny may only arise from actions in the Reveille Isles (as defined in Section 4(2) of the National Borders Act) and its surrounding waters; it may not arise from actions in the End, Nether, wild, nor everwild.
(2) A person or legal entity (the “actor”) commits Larceny when, with intent to deprive another of property or to appropriate the same to that actor or to a third party, the actor wrongfully takes, obtains or withholds such property from an owner thereof.
(3) Larceny includes a wrongful taking, obtaining or withholding of another's property, with intent to deprive another of property or to appropriate the same to the actor’s self or to a third person, committed in any of the following ways:
(a) By stealing property that rightfully belongs to another with the intent of permanently depriving the rightful owner of that property; permanently depriving the owner of their personal property by using deception, lies, or by making false statements; embezzlement; or obtaining property by false pretenses; or
(b) By knowingly acquiring lost property;
(i) An actor knowingly acquires lost property when that actor exercises control over property of another which the actor knows to have been accidentally lost, or to have been delivered under a mistake as to the identity of the recipient or the nature or amount of the property, without taking reasonable measures to return such property to the owner;
(c) By false promise;
(i) An actor obtains property by false promise when, pursuant to a scheme to defraud, that actor obtains property of another by means of a representation, express or implied, that the actor or a third party will in the future engage in particular conduct, and when the actor does not intend to engage in such conduct (or, as the case may be, does not believe that the third party intends to engage in such conduct).
(ii) In any civil claim for Larceny based upon a false promise, the defendant's intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed. Such a finding may be based only upon evidence establishing that the facts and circumstances of the case are wholly consistent with guilty intent or belief and wholly inconsistent with innocent intent or belief, and excluding to a moral certainty every hypothesis except that of the defendant's intention or belief that the promise would not be performed; or
(e) By extortion.
(4) An actor who commits the tort of Larceny shall be liable for treble damages and shall be made to pay restitution in full.”
5. Contracts Act Amendments
(1) The Contracts Act shall be amended as follows:
“7 - Breach of Contract
(1) A breach of contract occurs when a party fails to fulfil its contractual obligations.
(a) Remedies for breach may include damages, specific performance, or other equitable relief.
8- Misrepresentation
(1) Misrepresentation happens when a false statement induces another party to enter into a contract.
(a) Remedies for misrepresentation may include rescission, damages, or other appropriate relief.”
6. Intellectual Property Act Amendments
(1) The Intellectual Property Act shall be amended as follows:
“5 - Breach of Copyright
(1) An individual or entity is deemed to have breached copyright when they engage in one or more of the following actions:
(a) Copying an individual's work.
(b) Distributing copies of work, whether free of charge or for sale.
(c) Renting or lending copies of an individual's work.
(d) Performing, displaying, or presenting an individual's work in public.
(e) Creating adaptations of an individual's work.
(f) Publishing an individual's work on the internet.
(g) Reproducing an individual's work.
(2) Penalties for breaching copyright shall include the return of all revenue generated from the use of the material to the original owner, along with reasonable compensation as determined by the Courts.
6 - Breach of Trademark
(1) An individual or entity is found to have breached trademark when they engage in one or more of the following actions:
(a) Producing, replicating or impersonating recognizable signs, designs, or expressions that identify a company, product, or service.
(2) Penalties for breaching trademark shall include the return of all revenue generated from the use of the material to the original owner, along with reasonable compensation as decided by the courts.”
(2) All remaining sections under the Intellectual Property Act shall be reordered and renumbered as required.