AOS3: Civil Law

Question 1

Define Breach

Answer 1

Breaking of failing to fulfil a duty or obligation

Question 2

Define Causation

Answer 2

The direct link between the actions of the defendant and the harm suffered by the plaintiff

Question 3

What does an intervening act do?

Answer 3

Breaks the chain of causation, meaning causation cannot be established

Question 4

Define Loss

Answer 4

A type of harm or damage suffered by a person which can be both economic and non-economic.

Question 5

Examples of Loss

Answer 5

• Financial loss e.g loss of wages
• Property Damage e.g car, house, clothing
• Personal Injury e.g cuts, bruises, broken bones
• Pain and Suffering e.g anxiety, depression
• Loss of amenity e.g enjoyment of life, job satisfaction

Question 6

Define Limitation of Actions

Answer 6

A restriction on bringing a civil claim to court after a given period of time

Question 7

Define Vicarious Liability

Answer 7

A situation where a party is deemed responsible for wrongdoing and a breach of rights merely due to association with another party.
e.g an employer being responsible for employees

Question 8

What is the Burden of Proof?

Answer 8

The party which is responsible for proving the facts of the case and thus, the wrongdoing of the defendant.
In civil law, it lies on the plaintiff.

Question 9

What is the Standard of Proof?

Answer 9

The degree to which a case must be proven.

In civil law, it is ON THE BALANCE OF PROBABILITIES.

Question 10

What is the Aim of Civil Law?

Answer 10

To protect individual rights

Question 11

What is the outcome of Civil Cases?

Answer 11

Remedies and Injunctions

Question 12

How does the jury work in civil law?

Answer 12

The jury is OPTIONAL and is made up of 6 jurors.

Question 13

What is the Aggrieved Party?

Answer 13

The person whose rights have been infringed and who has suffered loss.

Question 14

What is the Right of Subrogation?

Answer 14

The right of insurance companies to sue on behalf of the policy holder.

Question 15

Define Wrongdoer

Answer 15

The person/company that has directly caused the loss or damage to the plaintiff.

Question 16

What is accessorial liability?

Answer 16

• Anyone who aided, abetted or procured the wrongdoing.
• Induced or encouraged the wrongdoing
• Conspired with others to cause the wrongdoing.

Question 17

What is the Aim of the Tort of Negligence?

Answer 17

To ensure those who owe a duty of care do not breach this duty, and are held responsible for any loss suffered if they do breach this duty.

Question 18

Limitation of Actions (Negligence)

Answer 18

• 3 years from when the injury was discovered

- 6 year period for work/transport accident injuries

Question 19

Elements of Negligence

Answer 19

1) A duty of care exists
2) The defendant has breached this duty of care
3) Causation applies
4) A loss has been suffered by the plaintiff

Question 20

How to determine if a duty of care was owed:

Answer 20

1) The risk was foreseeable
2) The risk was significant/not insignificant
3) A reasonable person in the circumstances would have taken precautions to eliminate the risk of harm

Question 21

Defences to Negligence

Answer 21

• Lack of Elements
• Voluntary Assumption of Risk
• Contributory Negligence
• Illegality

Question 22

Voluntary Assumption of Risk

Answer 22

Occurs when the defendant can demonstrate:

• P was fully aware of the risk
• Fully appreciated its nature and extent
• Freely and willingly accepted the risk

Question 23

Contributory Negligence

Answer 23

The plaintiff has contributed to the harm caused by the defendant.

Question 24

Illegality

Answer 24

Where both the P and D are involved in illegal activity and the P is injured by the D’s actions.