3.2.3 factors to consider when initiating a civil claim

Question 1

five factors (clens)

Answer 1

C ost
L imitations of actions
E nforcement Issues
N egotiation options
S cope of liability

Question 2

negotiation options

Answer 2

when parties to a civil dispute discuss ways to resolve the dispute by agreement or have their representatives negotiate on their behalf.

• the parties themselves negotiate
• mediation
• conciliation

Question 3

negotiation appropriate when x4

Answer 3

• both parties consent
• parties want to maintain a working relationship
• want reduce cost, delays and stress
• parties want to control the outcome

Question 4

negotiation inappropriate when

Answer 4

• one party won’t consent
• there is a history of violence or bad blood
• parties have tried and failed to negotiate
• parties want their day in court

Question 5

costs

Answer 5

the amount of money that has to be paid to resolve a legal dispute. 
- legal representation
- compensation fees
- administrative fees
- court filing, hearings
- expert witness fees
etc

Question 6

limitations of actions

Answer 6

the period of time in which a civil claim may be lodged after which the suit may no longer be filed.
civil cases should be brought to court in a timely manner.

so that disputes are resolved in a timely matter, allowing people to move on and so as evidence is not lost or forgotten

Question 7

scope of liability

Answer 7

the extent to which a person/corporation may be found liable for a civil breach
YOU NEED TO DETERMINE ALL POSSIBLE DEFENDANT AND TO WHAT EXTENT THEY ARE LIABLE (employers, insurers, person’s involved, defendant, is the plaintiff partly liable such as contributory negligence)

Question 8

enforcement issues

Answer 8

the ability to enforce the outcome of legal proceedings. the capacity of a defendant to fulfil their legal obligation to compensate the plaintiff.

Question 9

negotiations benefits (x3)

Answer 9

• reduced costs, stress and time
• parties control outcome
• private and not publicised

Question 10

vicarious liability

Answer 10

employers may be responsible (vicariously liable) for the action of their employees. ON THE BASIS that the employee was acting in the ordinary course of their employment (if they are acting in an unauthorised way, they are liable for their own actions)