Bill: Draft Redmont Civil Code Cleanup Act

[ToadKing]

CONGRESS OF THE
COMMONWEALTH OF REDMONT
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A BILL TO

AMEND THE REDMONT CIVIL CODE ACT

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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:
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PART I — PRELIMINARIES​

1. Short Title and Enactment

(1) This Act may be cited as the 'Redmont Civil Code Cleanup Act'.

(2) This Act shall be enacted immediately upon its signage.

(3) This Act has been authored by Rep. ToadKing.

(4) This Act has been co-sponsored by Rep. IgnitedTnT.

(5) This Act amends the following acts:

(a) Redmont Civil Code Act

2. Reasons and Intent

(1) To fix the formatting and clean up the text of this Act.

PART II — AMENDMENTS​

3. Amendments

(1) Part III, Section 7(3)(a) of the Redmont Civil Code Act shall be amended as follows:

"(3) Ancillary Claims Award:
(a) Legal fees for ancillary claims under Part III shall be assessed separately from the original claim, based on the value of each claim."

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(2) Part IV, Section 7(3) of the Redmont Civil Code Act shall be amended as follows:

"(3) Legal fees for ancillary claims shall be assessed in accordance with Part III of this Code."

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(3) Part V of the Redmont Civil Code Act shall be amended as follows:

"1. Defamation
Violation Type: Intentional
Remedy: An order for public retraction
A person commits a violation if the person:
(a) makes a false statement and/or communication that injures a third party’s reputation;
(b) the statement is made to at least one person other than the plaintiff; and
(c) the statement is presented as fact rather than opinion.
This violation shall not occur where:
(d) the statement is substantially true; or
(e) the statement is a genuinely held opinion based on disclosed facts;
(f) the statement was made in the course of legitimate political communication;
(g) the plaintiff consented to the publication.
Relevant Law:

2. Libel
Violation Type: Intentional
Remedy: An order for public retraction
A person commits a violation if the person:
(a) commits defamation as defined in Section 1 of this Part; and
(b) the defamatory statement is expressed by documents, signs, published media, or any communication method embodied in physical form; and
(c) the statement is injurious to a person’s reputation, exposes a person to public hatred, contempt or ridicule, or injures a person in their business, profession or organisation.
This violation shall not occur where:
(d) the defences set out in Section 1 of this Part shall apply.
Relevant Law:

3. Slander
Violation Type: Intentional
Remedy: An order for public retraction
A person commits a violation if the person:
(a) commits defamation as defined in Section 1 of this Part; and
(b) the defamatory statement is made verbally, through Discord messages, or in-game messages; and
(c) the statement defames another person’s reputation, business, profession, or organisation.
This violation shall not occur where:
(d) the defences set out in Section 1 of this Part shall apply.
Relevant Law:"

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(4) Part VI of the Redmont Civil Code Act shall be amended as follows:

"1. Breach of Contract
Violation Type: Strict Liability
Remedy: No Fixed Remedy
A person commits a violation if the person:
(a) fails to perform obligations under a valid and enforceable contract without lawful excuse.
This violation shall not occur where:
(b) the contract is void or voidable; or
(c) performance was rendered impossible by circumstances beyond the party’s control; or
(d) the other party materially breached the contract first; or
(e) the party was induced to enter the contract through misrepresentation or duress.
Relevant Law: Act of Congress - Contracts Act

2. Misrepresentation
Violation Type: Intentional/Negligent
Remedy: Rescission
A person commits a violation if the person:
(a) makes a false statement of fact; and
(b) the statement induces another party to enter into a contract; and
(c) the other party suffers loss as a result.
This violation shall not occur where:
(d) the statement was genuinely believed to be true at the time it was made, and there were reasonable grounds for that belief; or
(e) the plaintiff did not rely on the statement in entering the contract.
Relevant Law: Act of Congress - Contracts Act

3. Misleading Conduct in Trade or Commerce
Violation Type: Intentional/Negligent
Remedy: Up to 250 Civil Penalty Units; Rescission
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.
This violation shall not occur where:
(b) the conduct constitutes puffery (obvious exaggeration); or
(c) the plaintiff failed to exercise reasonable care in relying on the conduct.
Relevant Law:"

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(5) Part VII of the Redmont Civil Code Act shall be amended as follows:

"3. Trespass
Violation Type: Intentional/Strict Liability
Remedy: An order to prevent further trespass
A person commits a violation if the person:
(a) enters or remains on land in the possession of another without consent or legal privilege.
This violation shall not occur where:
(c) the person had express or implied consent of the occupier; or
(d) the person had lawful authority; or
(e) the entry was necessary to prevent imminent harm to persons or property.
Relevant Law: Act of Congress - Tenant Rights Act

6. Nuisance
Violation Type: Intentional/Negligent
Remedy: Up to 50 Civil Penalty Units; An order to abate the nuisance
A person commits a violation if the person:
(a) causes a substantial and unreasonable interference with another’s use and enjoyment of their property; and
(b) the interference would be offensive to a reasonable person in the plaintiff’s position.
This violation shall not occur where:
(c) the plaintiff consented to the interference; or
(d) the interference results from the ordinary and reasonable use of the defendant’s own property.
Relevant Law:

7. Conversion
Violation Type: Intentional
Remedy: Treble damages; Restitution
A person commits a violation if the person:
(a) wrongfully takes, obtains, or withholds property from an owner; and
(b) intends to deprive the owner of the property or to appropriate it to themselves or a third party; and
(c) the wrongful taking, obtaining, or withholding is committed by:
(i) stealing property with the intent to permanently deprive the owner; or
(ii) obtaining property through deception, lies, or false statements; or
(iii) embezzlement or obtaining property by false pretences; or
(iv) knowingly acquiring lost property without taking reasonable measures to return it to the owner; or
(v) obtaining property by false promise pursuant to a scheme to defraud; or
(vi) extortion.
This violation shall not occur where:
(d) the action occurs in the End, Nether wild, or everwild; or
(e) the defendant reasonably believed they had a right to the property.
Relevant Law:

16. Auction Levy Neglect
Violation Type: Administrative
Remedy:
(a) First violation - Up to 20 Penalty Units, or 10% of the winning bid, whichever is higher
(b) Subsequent violations - Up to 50 Penalty Units, or 30% of the winning bid, whichever is higher
A person commits a violation if the person:
(a) fails to pay the required auction levy after winning an auction; and
(b) more than a week has passed since consideration for the auction has passed.
Relevant Law:"

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(6) Part VIII of the Redmont Civil Code Act shall be amended as follows:

"1. Unfair Dismissal
Violation Type: Intentional
Remedy: Reinstatement
A person commits a violation if the person:
(a) terminates an employee’s employment; and
(b) the termination is unjust, having regard to:
(i) whether the termination made financial sense for the organisation; and
(ii) whether continued employment would be detrimental to the workflow, reputation, or legal standing; and
(iii) whether the dismissal was based on personally identifiable characteristics, including but not limited to: gender, age, or political affiliation.
This violation shall not occur where:
(c) the employee was terminated for:
(i) documented misconduct; or
(ii) the employee was terminated due to genuine redundancy.
Relevant Law: Act of Congress - Commercial Standards Act"

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(7) Part IX of the Redmont Civil Code Act shall be amended as follows:

"1. Breach of Attorney-Client Privilege
Violation Type: Intentional/Negligent/Strict Liability
Remedy: Up to 200 Civil Penalty Units
A person commits a violation if the person:
(a) discloses attorney-client communications without written permission.
This violation shall not occur where:
(b) the disclosure was required by law or court order; or
(c) the disclosure was necessary to prevent imminent harm to another person.
Relevant Law: Act of Congress - Modern Legal Reform Act

2. Malpractice
Violation Type: Negligent
Remedy: Up to 100 Civil Penalty Units
A person commits a violation if the person:
(a) being a licensed professional, breaches the standard of care expected of a reasonable professional in their field; and
(b) the breach causes harm to a person.
This violation shall not occur where:
(c) the professional exercised reasonable skill and care; or
(d) the harm was not foreseeable.
Relevant Law:"

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(8) Part X of the Redmont Civil Code Act shall be amended as follows:

"1. Unjust Enrichment
Violation Type: Strict Liability
Remedy: Restitution
A person commits a violation if the person:
(a) obtains and retains a benefit at another’s expense; and
(b) there is no legal justification for retaining the benefit.
Relevant Law:

2. Tortious Interference with Contract
Violation Type: Intentional
Remedy: No Fixed Remedy
A person commits a violation if the person:
(a) either
(i) knowingly induces another party to breach their contract with the plaintiff; or
(ii) intentionally interferes with the plaintiff’s existing contractual relationship; and
(b) the interference causes economic harm to the plaintiff.
This violation shall not occur where:
(c) the interference was through legitimate competition; or
(d) the interference was caused without knowledge of a contract between the parties; or
(e) the defendant was exercising a legal right.
Relevant Law:

3. Tortious Interference with Business Relations
Violation Type: Intentional
Remedy: No Fixed Remedy
A person commits a violation if the person:
(a) intentionally interferes with the plaintiff’s prospective business dealings or economic relationships; and
(b) the interference is accomplished through improper means or for improper purposes; and
(c) the interference causes economic harm to the plaintiff.
This violation shall not occur where:
(e) the interference was through legitimate competition; or
(f) the defendant was exercising a legal right.
Relevant Law:

4. Knowing Receipt
Violation Type: Intentional
Remedy: Restitution
A person commits a violation if the person:
(a) receives assets that have been disposed of by another in breach of trust or fiduciary duty; and
(b) knew, or ought reasonably to have known, that the assets were received in breach of trust or fiduciary duty.
This violation shall not occur where:
(c) the defendant is a bona fide purchaser for value without notice of any other party’s claim to the property; or
(d) the defendant received the assets in good faith and without knowledge of the breach.
Relevant Law:

5. Breach of Copyright
Violation Type: Intentional/Strict Liability
Remedy: No Fixed Remedy
A person commits a violation if the person:
(a) copies, distributes, rents, lends, publicly performs, displays, adapts, publishes, or reproduces a copyrighted work; and
(b) does so without the consent of the copyright holder.
This violation shall not occur where:
(c) the use constitutes fair use, having regard to:
(i) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(ii) the nature of the copyrighted work;
(iii) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(iv) the effect of the use upon the potential market for or value of the copyrighted work;
(d) the work is an Act of Congress
(e) the work is situated, otherwise than temporarily, in a public place or premises open to the public, and the inclusion is in an artistic work (freedom of panorama);
(f) the use is for purposes of criticism, commentary, news reporting, or teaching.
Relevant Law: Act of Congress - Intellectual Property Act

6. Breach of Trademark
Violation Type: Intentional/Strict Liability
Remedy: No Fixed Remedy
A person commits a violation if the person:
(a) produces, replicates, or impersonates recognisable signs, designs, or expressions that identify a company, product, or service; and
(b) does so without the consent of the trademark holder.
This violation shall not occur where:
(c) the use constitutes fair use for purposes of criticism, commentary, news reporting, or teaching, having regard to the facts set out in Section 6(c) of this Part;
(d) the defendant had reasonable grounds to believe they had authorisation to use the trademark.
Relevant Law: Act of Congress - Intellectual Property Act

7. Breach of Legal Entity Act
Violation Type: Administrative
Remedy: Up to 250 Civil Penalty Units; Compliance order; Company dissolution
A person commits a violation if the person:
(a) fails to comply with any part of the Legal Entity Act after receiving a warning from the DOC 24 hours before the person was assessed this administrative violation.
This violation shall not occur where:
(b) the person is taking reasonable steps to remedy their compliance.
Relevant Law: Act of Congress - Legal Entity Act"

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(9) Part XI of the Redmont Civil Code Act shall be amended as follows:

"4. Wrongful Seizure of Property
Violation Type: Intentional/Negligent
Remedy: Restitution
A person commits a violation if the person:
(a) being a government officer, seizes property without lawful authority; or
(b) being a government officer, retains property beyond a period authorised by law.
This violation shall not occur where:
(c) the seizure was conducted pursuant to a valid court order or lawful statutory power.
Relevant Law:

5. Wrongful Arrest or Detention
Violation Type: Intentional/Negligent
Remedy: Expungement
A person commits a violation if the person:
(a) being a law enforcement officer, arrests or detains the plaintiff without lawful authority; or
(b) being a government officer, detains the plaintiff beyond a period authorised by law.
This violation shall not occur where:
(c) the officer had reasonable grounds to believe the arrest or detention was lawful.
Relevant Law:

6. Denial of Due Process
Violation Type: Intentional/Negligent
Remedy: An order to provide proper process; Reversal of decision
A person commits a violation if the person:
(a) being a government officer or body, makes a decision affecting the plaintiff’s rights or interests; and
(b) fails to provide the plaintiff with notice and an opportunity to be heard; or
(c) fails to follow procedures required by law.
This violation shall not occur where:
(d) there is no statutory requirement to provide notice or an opportunity to be heard for the decision affecting the plaintiff.
Relevant Law:

7. Failure to Perform Statutory Duty
Violation Type: Negligent
Remedy: Writ of Mandamus
A person commits a violation if the person:
(a) being a government officer or body, fails to perform a duty required by law; and
(b) the failure causes harm to the plaintiff.
This violation shall not occur where:
(c) the failure was due to circumstances beyond the defendant’s control.
Relevant Law:"

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(10) Part XII of the Redmont Civil Code Act shall be amended as follows:

"1. Breach of Confidentiality Agreement
Violation Type: Intentional/Negligent/Strict Liability
Remedy: An order preventing further disclosure
A person commits a violation if the person:
(a) discloses confidential information in breach of a lawful confidentiality agreement.
Relevant Law:

2. Abuse of Legal Process
Violation Type: Intentional
Remedy: Up to 100 Civil Penalty Units
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; and
(b) the claim causes harm to the defendant.
Relevant Law:

3. Negligence (General)
Violation Type: Negligent
Remedy: No Fixed Remedy
A person commits a violation if the person:
(a) owes a duty of care to the plaintiff; and
(b) breaches that duty through careless action or omission; and
(c) the breach causes harm to the plaintiff; and
(d) the harm was a foreseeable consequence of the breach.
Relevant Law:

4. Breach of Privacy
Violation Type: Intentional/Negligent
Remedy: An order to prevent further disclosure; An order to destroy the information
A person commits a violation if the person:
(a) knowingly or recklessly discloses private information of another individual or entity to the public domain, or to unauthorised third parties without lawful authority or consent; or
(b) uses private information obtained in confidence for an unauthorised purpose that causes or is likely to cause harm to the individual or entity to whom the information relates.
This violation shall not occur where:
(c) the disclosure is required or permitted by law or court order; or
(d) the disclosure is made as part of official Congressional or Court proceedings; or
(e) the subject has provided explicit consent to the disclosure; or
(f) the information is already in the public domain through lawful means; or
(g) the information is general in nature and does not identify or could not reasonably identify any individual or entity.
Relevant Law: Act of Congress - Privacy Act

5. Malicious Allegation
Violation Type: Intentional
Remedy: An order for public retraction
A person commits a violation if the person:
(a) makes a false allegation that another person committed a crime or civil violation; and
(b) knew or could reasonably infer that the allegation was false; and
(c) the allegation causes harm to the accused person’s reputation, livelihood, or wellbeing.
This violation shall not occur where:
(d) the allegation was substantially true; or
(e) the person had reasonable grounds to believe the allegation was true; or
(f) the allegation was made in good faith to the appropriate authorities for investigation.
Relevant Law:

7. Academic Misconduct
Violation Type: Administrative
Remedy:
(a) First violation - Up to 1 Civil Penalty Units;
(a) Subsequent violation - Up to 5 Civil Penalty Units
A person commits a violation if the person:
(a) solicits answers to DOE-administered exam questions.
This violation shall not occur where:
(b) the person has already been found liable for Breach of Academic Integrity for the same conduct.
Relevant Law:"