aim and purpose of civil law Flashcards
why does civil law exists?
civil law exists to protect people and businesses in our society.
what is the aim of civil law?
aims to correct unfair situations, often by compensation the victim.
what is the purpose of civil law?
to settle disputes between individuals and organisations.
what is the outcomes and remedies of civil law?
the injured party is usually compensated or, where compensation is insufficient, a court order such as injunction to stop the defendant continuing the activity.
what is the standard of proof?
when a decision is made on a ‘balance of probabilities’. in other words, to make a decision against the the defendant the judge has to be over 50% sure they are liable.
who is the claimant?
the person or oragnisation complaining that they have suffered loss or damage.
who is the defendant?
the person alleged to have caused the loss or damage.
what is negligence?
a failure to act or acting in a way not expected of a reasonable person.
