7 civil liability Flashcards
Purposes of civil law
- Social cohesion
- Protect the rights of individuals
- Avenue for individuals to seek compensation
- Means to seek compensation
How does civil law achieve its purpose?
- Establishes the law (through statutes)
- Decides the law (through dispute resolution bodies)
- Enforces the law (through remedies)
Types of civil law
- Negligence
- Trespass
- Defamation
- Nuisance laws
- Wills and inheritance laws
- Contract law
- Family law
- Employment laws
- Equal opportunity and discrimination laws
Define breach
breaking or failing to fulfil a duty or obligation
- the plaintiff will have to prove that there has been a breach by the defendant
Types of breaches
- In contract law: breach of an agreement that was reached between them
- In negligence: breach of a duty of care to the plaintiff
- In a sexual harassment claim: breach of the relevant laws that prohibit such actions
Define causation
the direct relationship between one event and another event (event 1 caused event 2, and event 1 would NOT have occurred without event 2)
- action/inaction of the defendant + plaintiff = loss/damage/injury
- the plaintiff must prove the actions of the defendant resulted in the harm suffered and that harm would have otherwise not occurred (causal link)
Types of causation
In a nuisance claim: disturbed the enjoyance of property – actions of the defendant directly caused harm to the plaintiff
In a negligence claim: failure to do something – inactions of the defendant directly caused harm to the plaintiff
Define loss
a type of harm or damage suffered by a person
- plaintiff will only be able to obtain a legal remedy if they can prove they suffered some form of loss, injury or harm as a result
Types of loss
- Economic or financial loss - loss of wages, income, or medical expenses
- Property damage - damages to any goods in their possession
- Personal Injury - cuts, bruises, loss of limb, broken bones, etc.
- Pain and suffering - including mental suffering
- Loss of amenity - loss of enjoyment in life, loss of family life, loss of job satisfaction
Define limitation of actions
the restriction on bringing a civil claim after the allowed time
- time period within which the wronged party
must sue the wrongdoer
Limitation periods
- Breach of contract - 6 years
- Under tort law - 6 years
- Under tort law where there is a personal injury consisting of a disease or a disorder - 3 years
- Defamation - 1 year
- An action to recover arrears of rent - 6 years
Burden of proof
the obligation of a party (who initiates the action) to prove a case
- the plaintiff must present enough evidence to prove the defendant is liable
- the defendant may have the burden of proof, such as when a counterclaim is lodged with the court
Standard of proof
the degree or extent to which a case must be proved in court on the balance of probabilities
- the plaintiff must prove they are more likely in the right and the defendant is more likely in the wrong
Parties in civil case
Plaintiff: a party who makes a legal claim against another party in court
Defendant: a party who is alleged to have breached a civil law and who is being sued by a plaintiff
- Parties can be an individual, organisation or business
Who can be a plaintiff?
Aggrieved party: the one whose rights have been
infringed and who has suffered loss
- representative proceeding/class action: a group of people sue the defendant for the same or similar claim
Other victims: someone who suffered loss or injury as a result of actions against another party
Insurers: companies who enter into an insurance
policy with a person (the insured)
- right of subrogation – right to legally pursue a third party that caused an insurance loss to the insured
