Chapter 5- Civil law Flashcards
Precedent
When a court makes a decision in a case that is the first of its kind.
Why are precedents made and referred to?
To ensure a consistent approach to similar cases.
What is ratio decidendi?
The reason for making a decision.
When does precedent apply?
~For the decision and not the remedy
~does not apply to sanctions or remedies
Damages
Sum of money paid by the defendant to the plaintiff for loss or injury caused
What are 3 alternative methods of dispute resolution that going to court?
- arbitration
- ciliation
- mediation
Negligence
Failure to take reasonable care of another person where it is reasonably foreseeable that harm could occur
For negligence to occur, what must be proved?
- A duty of care was owed
- Duty of care was breached
- Breach caused loss or damage (causation)
- The victim suffered the loss or damage
How was the law of negligence established?
Through common law, Donoghue v Stevenson
When does a person owe a duty of care?
- The risk was foreseeable
- The risk was significant or not insignificant
- a reasonable person in the same circumstances would’ve taken precaution
What does the court consider when determining whether a reasonable person would have taken precaution?
- The likely risk of harm
- Likely seriousness
- Burden of taking precaution to avoid risk of harm
- social utility of the activity that creates the risk of harm
What are the defences to negligence?
- Contributory negligence
2. Assumption of risk
Volenti non fit injuria
The voluntary acceptance of risk or injury
Aim of tort of defamation
To protect the individual to against a bad reputation
What are he key principles of defamation?
- A statement is defamatory
- The statement refers to the plaintiff
- The statement has been published to the community by the defendant
