Chapter 9 - Civil liability

Question 1

civil law

Answer 1

an area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes

Question 2

civil liability

Answer 2

the legal responsibility of a party for loss or harm caused to another party because of a breach of civil law

Question 3

tort

Answer 3

a term that literally means ‘wrong’; a wrong that interferes with a person’s legally protected interests

Question 4

remedy

Answer 4

any order made by a court (or a tribunal) designed to address a civil wrong or a breach. A remedy should provide a legal solution for the plaintiff for a breach of the civil law by the defendant

Question 5

damages

Answer 5

an amount of money that one party is ordered to pay to another party for loss or harm suffered. It is the most common remedy in a civil claim

Question 6

contract law

Answer 6

an area of civil law governing the validity and enforceability of agreements made between two or more parties

Question 7

negligence

Answer 7

a type of tort that involves a breach of duty of care, causing loss or harm

Question 8

duty of care

Answer 8

(in relation to negligence) the legal obligation to be cautious and careful, keeping other people in mind when doing anything that could harm them

Question 9

will

Answer 9

a document that specifies how a person would like their assets to be distributed after they die, and who they would like to carry out their wishes

Question 10

nuisance

Answer 10

a type of tort that involves interference with a person’s right to use and enjoy private and/or public property

Question 11

defamation

Answer 11

a type of tort that involves the action of damaging a person’s personal or professional reputation in the community through the communication of false and untrue statements or information

Question 12

appeal

Answer 12

an application to have a higher court review a ruling (decision)

Question 13

trespass

Answer 13

a type of tort involving the interference with or intrusion upon a person’s body, property or goods without the consent of that person

Question 14

plaintiff

Answer 14

(in a civil case) a party who makes a legal claim against another party (i.e. the defendant) in court

Question 15

defendant

Answer 15

(in a civil case) a party who is alleged to have breached a civil law and who is being sued by a plaintiff

Question 16

sue

Answer 16

to take civil action against another person, claiming that they infringed some legal right of the plaintiff (or did some legal wrong that negatively affected the plaintiff)

Question 17

loss

Answer 17

a type of harm or damage suffered by a person. It can involve both economic and non-economic loss

Question 18

breach

Answer 18

the breaking of or failure to fulfil or comply with a duty or obligation

Question 19

causation

Answer 19

the direct relationship between one event (Event 1) and another event (Event 2), where Event 1 was the reason Event 2 happened, and Event 2 would not have happened by itself, without Event 1

Question 20

limitation of actions

Answer 20

the restriction on bringing a civil law claim after the allowed time

Question 21

burden of proof

Answer 21

the obligation (i.e. responsibility) of a party to prove a case. The burden of proof usually rests with the party who initiates the action (i.e. the plaintiff in a civil dispute and the prosecution in a criminal case)

Question 22

counterclaim

Answer 22

a separate claim made by the defendant in response to the plaintiff’s claim (and usually heard at the same time by the court)

Question 23

standard of proof

Answer 23

the degree or extent to which a case must be proved in court

Question 24

balance of probabilities

Answer 24

the standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable (i.e. likely) than not true that their claim is true

Question 25

civil dispute

Answer 25

a disagreement between two or more individuals (or groups) in which one of the individuals (or groups) makes a legal claim against the other

Question 26

class action

Answer 26

a legal proceeding in which a groups of seven or more people who have a claim against the same person based on similar or related facts bring that claim to court in the name of one person; also called a representative proceeding or a group proceeding

Question 27

lead plaintiff

Answer 27

the person named as the plaintiff in a class action and who represents the group members; also sometimes referred to as the representative plaintiff

Question 28

group member

Answer 28

(in relation to class actions) a member of a group of people who is part of a class action

Question 29

nervous shock

Answer 29

a psychological reaction; psychological harm that is more serious than ordinary grief or stress

Question 30

general damages

Answer 30

a type of remedy that requires the payment of a sum of money to compensate for loss that cannot easily be quantified (e.g. pain and suffering)

Question 31

vicarious liability

Answer 31

the legal responsibility of a third party for the wrongful acts of another (e.g. an employer’s liability for what their employees do)

Question 32

Victorian Civil and Administrative Tribunal (VCAT)

Answer 32

a tribunal that deals with disputes relating to a range of civil issues that are heard by various ‘lists’ (i.e. sections) of the tribunal. These lists include the Human Rights List, the Civil Claims List and the Residential Tenancies List