03. Civil Law Flashcards
What is civil law?
Civil law deals with disputes between individuals or organizations typically involving private rights such as contracts, negligence and defamation.
What is a plaintiff in civil law?
A plaintiff is the party who initiates a lawsuit by filing a complaint against the defendant in a civil case.
What is a defendant in civil law?
A defendant is the party against whom a lawsuit is filed in a civil case.
What is the standard of proof in civil law?
balance of probabilities
What are damages in civil law?
Damages refer to the monetary compensation awarded to the plaintiff to compensate for loss or injury caused by the defendant’s actions.
What is an injunction in civil law?
An injunction is a court order requiring a party to do or refrain from doing a specific act to prevent harm or damage.
What is a contract in civil law?
A contract is a legally binding agreement between two or more parties that creates mutual obligations enforceable by law.
What is tort law?
Tort law deals with civil wrongs that cause harm or loss to individuals including negligence defamation.
What are the elements of negligence in civil law?
The elements of negligence are duty of care breach of duty, causation and damages.
What are the elements of defamation in civil law?
the communication has been published to a third person
the communication identifies (or is about) that person
the communication is defamatory.
What are the elements of a contract in civil law?
The elements of a contract are offer acceptance consideration intention to create legal relations and certainty of terms.
What is the case that set the precedent for negligence in Australia?
Grant v. Australian Knitting Mills
