AOS3

Question 1

purposes of civil law

Answer 1

protect rights of individuals, achieving social cohesion, ensure people have the opportunity to resolve disputes, provide mechanism to seek compensation

Question 2

types of civil law

Answer 2

negligence, trespass, defamation, nuisance, contract law, wills and inheritance laws, family law, employment Law, anti discrimination laws

Question 3

key concepts of civil law

Answer 3

breach, causation, loss, limitations of actions, burden of proof, standard of proof

Question 4

define breach

Answer 4

the plaintiff has to prove that the defendant breached an agreement or breached a duty of care

Question 5

define causation

Answer 5

the plaintiff needs to prove that this breach resulted in harm to the plaintiff. there needs to be a link between the defendants breach and the plaintiffs harm. if there was an intervening event, the defendant will not be liable

Question 6

define loss

Answer 6

financial loss, property damage, personal injury, pain and suffering

Question 7

define limitations of actions

Answer 7

6 years

Question 8

burden of proof

Answer 8

the responsibility of proving the facts lies with the plaintiff

Question 9

standard of proof

Answer 9

the degree to which a civil case must be proven is the balance of probabilities, meaning the plaintiff is more than likely to be right

Question 10

define civil law

Answer 10

aims to protect the rights of individuals. the person who’s rights have been infringed can seek compensation to address the issue.

Question 11

define tort law

Answer 11

a civil wrong that one person commits against another. the main aim is to restore the wronged person to their pre wronged position. this is items achieved by the remedy of damages

Question 12

identify the main torts

Answer 12

negligence, defamation and nuisance

Question 13

define negligence

Answer 13

negligence relates to owing other people a duty to take care to avoid causing them harm. the law of negligence allows parties to seek compensation for those who don’t take such reasonable steps

Question 14

rights protected by the law -negligence

Answer 14

the law of negligence protects an individuals right to be safe from harm

Question 15

possible plaintiffs

Answer 15

aggrieved party, other victims, insurer

Question 16

define aggrieved party

Answer 16

the person/ people whose rights have been infringed and who have suffered loss

Question 17

define other victims

Answer 17

could include family or friends who suffered due to harm caused to aggrieved party

Question 18

define insurer as possible plaintiff

Answer 18

insurance companies who have made a payment to a client can try to recover this payment back

Question 19

possible defendants

Answer 19

wrongdoer, employer, insurers, others involved in the wrongdoing

Question 20

define wrongdoer

Answer 20

those that directly caused harm to the plaintiff

Question 21

define employer

Answer 21

if the employee was acting in the course of their employment when the wrong occurred, the employer can be sued

Question 22

define others involved in the wrongdoing

Answer 22

those who encouraged, planned, organised or were indirectly involved

Question 23

define insurer as possible defendant

Answer 23

the plaintiff can sue the insurer of the person who caused the loss

Question 24

possible impacts of negligence (plaintiff)

Answer 24

loss of life, serious physical injury, emotional impact, poor mental health, loss of employment

Question 25

possible impacts of negligence (defendant)

Answer 25

loss of business, public humiliation, physical injury, need to pay costs

Question 26

role of common law in developing negligence

Answer 26

negligence was established in the England 1932 case of Donoghue vs Stephenson and has been further developed by the courts since then

Question 27

defences to negligence

Answer 27

voluntary acceptance of risk, contributory negligence

Question 28

define contributory negligence

Answer 28

plaintiff is partly to blame. This can reduce the amount of damages the defendant has to pay

Question 29

define voluntary acceptance of risk

Answer 29

the defendant has to prove that the plaintiff was aware of an obvious risk and chose to take that risk