ch 9 - civil liability

Question 1

4 purposes of civil law

Answer 1

• provides guidelines for acceptable behaviour
• protects the rights of individuals
• provides an avenue for people to seek compensation where a breach of civil law has occurred
• remedy the harm that has been suffered

Question 2

Types of civil law (that we have studied)

Answer 2

Negligence
Defamation

Question 3

specific purpose of negligence laws

Answer 3

establish principles about when a person owes a duty of care to another

Question 4

specific purpose of defamation laws

Answer 4

ensure that a person’s reputation is not harmed because of false statements that are made about that person

Question 5

who are the possible plaintiffs to a civil dispute

Answer 5

aggrieved party
other victims

Question 6

what is class action/representative proceeding

Answer 6

where seven or more people have claims against the same party and those claims are in respect of the same type of circumstance

Question 7

who are the possible defendants to a civil dispute

Answer 7

the wrongdoer
employers
persons involved in wrongdoing

Question 8

what is vicarious liability

Answer 8

The legal responsibility of a third party for the wrongful acts of another (employer is liable instead of the employee is because the employer has a right, ability and duty to control the activities of the wrongdoer)

Question 9

what is accessorial liability

Answer 9

The responsibility imposed on one person for the wrongdoing of another, where there is a connection to the wrongdoing (if they aided, abetted, induced, encouraged the wrongdoer or were in any way a party to the wrongdoing or conspired with others to cause the wrongdoing)