COMPANY LAW

Company Law

Businesses and Company Law

Part A: Differences between Private Law and Public Law

Private Law

Private law refers to the laws that deal with the relations between institutions or individuals instead of relation between governments. In order words, it is branch of law that covers all rights of private individuals i.e. with one another. Examples of Private laws are Commercial law, Corporations law, Competition law etc. A contract that is between the landlord and a tenant (Gordon, 2012, p. 36).

Public Law

Public Law is branch of law that deals with relationships between individuals and the government along with those concerns that has direct connection with the society. Examples of Public laws are constitutional law, criminal law, procedural law etc (Smits, 2012, pp.748).

Differences between Private Law and Public Law

There are so many differences between public law and private law but the main difference that exist between these two laws are that pubic law protects society as a group while private law deals with relations among individuals and groups. These two laws are also much diverse in terms of theories (Smits, 2012, p. 749).

Private law entirely focuses on disputes that might take place between the private citizens of the country. This law is responsible for regulatory peace among the state citizen along with the private companies. Considering the common law jurisdiction, this law comprises of broader range i.e. it does not only cover private relationship rather it also cover relationship between the private individuals and government and any other entities. This law is also termed as Civil Law and focus on areas like Contract law/law of obligations, property law, family law, labour law, law of torts etc.

Considering the Public Law, this focuses on state relationship with individuals. This law is responsible for regulatory as well maintaining peace among citizens and government. In certain scenarios, public decrees have also been termed as law of public order since breaking any of these statutes/ decrees turn out to be a criminal offence. This law has huge importance in the country since it protect and keep entire city and nations from disaster (Barkhuysen, Lindenbergh, 2012, p. 99).

This should be note that when private laws break by an individual it is consider being criminal offence and since the motive is to discourage such activities certain amount of penalty is imposed. As far as Pubic law is concern, this is a civil matter and result is compensation of status quo and this is generally the remedy. Such as traffic violation case and harm of property.

The best example that clear the difference between public and private law is Smoking indoors. In certain countries Smoking indoors has been prohibited. Therefore, a group of people form a club in which they undergo an agreement with the member of club and property owner, this is a private law and government will not be having any regulation over it. Hence, members will be allowed to smoke indoors.

Hence, the conclusion is that the main difference between these two law are their ...