Chapter 4B/4C: Key Concepts of Civil Law Flashcards
Before a person can be found to have breached a civil law, what must occur?
The plaintiff will have to prove on the balance of probabilities, that the defendant’s actions caused them to suffer injury or loss
What are the responsibilities placed upon the plaintiff in a ivl case?
They must initiate their claim within the limitation period and they carry the burden of proof
When does a breach of civil law occur?
When a person or company fails to perform a legal obligation owed to a person or business
What is an example of a breach under negligence law?
A party has violated the duty of care it owes to another, such as a doctor not exercising enough care when performing surgery
What is an example of a breach under defamation law?
A party has communicated information which is defamatory and identifies another party
What is a counterclaim?
A claim made by the defendant against the plaintiff in response to the plaintiff’s claims in the same case
How is causation determined during a civil case when the plaintiff has been caused loss?
For the defendant to be found legally responsible for the loss, it must be possible to say that they caused the loss on the balance of probabilities
In most cases, what test can resolve the issue of causation?
The ‘but for’ test, which states that ‘but for’ the actions of the defendant, would the plaintiff have suffered the loss?
During civil law, what are some examples of the types of loss a plaintiff must have suffered in order to be granted a remedy?
A loss of future earnings due to injury, damage of property or a loss of reputation due to defamation
What does the limitations of actions refer to?
A set period of time that a person must initiate a civil action within, depending on the law that applies to that particular civil wrong
What is the purpose of the limitations of actions and where are they set out?
To ensure that civil cases are resolved in a timely mannerist out in the Limitations of Actions Act (1958)
What are these limitations of action laws classed as and what does this mean?
They are statutory, which means parliament can change the laws at any time to amend the limitations that will apply
What are the limitation of actions periods for defamation, negligence and contract law?
Defamation Law = 1 year limitation period
Negligence Law = 3 year limitation period
Contract Law = 6 year limitation period
In a civil trial, which party carries the burden of proof and to what standard must this be proven?
The plaintiff has the burden of proof of proving their claim and showing that the defendant was liable for their harm or injury, on the balance of probabilities es
Why would it be unfair for the law to assume a defendant was responsible for causing harm or injury?
The plaintiff is the party bringing the action against the defendant
What does the standard of proof in civil law mean?
It is ‘more probable or not’ that what the plaintiff is claiming is true
In the Magistrates Court, who decides the verdict of a civil case?
A single magistrate
In the County/Supreme Court, who decides the verdict of a civil case?
A judge, or in rare cases, a jury of six
What is the definition of a plaintiff in a civil case?
The party bringing the action in a civil dispute, who believes their rights have been infringed in some way
What is a representative proceeding?
A class action which is brought on behalf of at least seven people where the incident involves the same circumstances and raises common legal implications
How are representative proceedings conducted?
In the Supreme Court, involving hearing each case as one group
What are the benefits of representative proceedings?
They are more cost-effective for the group bringing the action and more time-effective for the court
For whom are representative proceedings particularly appropriate for?
A large number of claimants who have suffered a relatively small loss, such as a bank charging 5,000 customers for a service it does not provide
What is a defendant defined as?
The party defending their case in court who is accused of a civil wrong
What does vicarious liability refer to?
Accountability being imposed upon a defendant as a result of the actions of another, despite the employer not being at fault itself
What are some examples of vicarious liability being imposed?
A school being held legally responsible for the actions of a teacher, or employers being held responsible for acts of discrimination between employees
