Civil Law

Question 1

Civil Law

Answer 1

deals with disputes between individuals that involve an act or failure to act that has caused harm or loss. (Law of torts and contract law)

Question 2

Aim of civil law

Answer 2

To resolve disputes, compensate and to restore the person to the position they were in.

Question 3

Parties in a civil case

Answer 3

Plaintiff and defendant

Question 4

standard of proof

Answer 4

Balance of probabilities

Question 5

Decision

Answer 5

Liable/not liable

Question 6

contract

Answer 6

a legally binding agreement between 2 or more persons

Question 7

necessities

Answer 7

accommodation, food, clothing, medicine, education

Question 8

3 main elements of a valid contract

Answer 8

offer, acceptance and consideration

Question 9

offer

Answer 9

a written or orally given statement or act of a person addressed to another, which will bind the person making the offer (distinguish from invitation to treat)

Question 10

acceptance

Answer 10

an oral or written statement, or actions showing that a person or persons will accept the offer

Question 11

consideration

Answer 11

an exchange of some benefit or something of value by each party.

Question 12

capacity to enter into a contract

Answer 12

18 and over, sound of mind, not under threat

Question 13

3 purposes of remedies

Answer 13

1. return the plaintiff back to their original position before the situation occurred
2. compensate for the loss suffered
3. prevent harm from occurring or continuing

Question 14

Types of compensatory damages

Answer 14

1. specific damages-given a precise monetary value and are quantifiable (medical bills)
2. general damages-general estimate value and are not quantifiable ie: pain and suffering
3. aggravated damages-further compensation for plaintiff if they suffered humiliation or insult

Question 15

Type of non-compensatory damages

Answer 15

exemplary-in addition to compensatory damages if the defendants acts were malicious; shows the courts disapproval and deters.

Question 16

injunction

Answer 16

court order directing someone to do or not to do something. can be restrictive or mandatory

Question 17

law of nuisance

Answer 17

concerned with protecting an individual’s natural rights to enjoy occupation of land.

Question 18

two types of nuisance

Answer 18

private and public

Question 19

public nuisance

Answer 19

there is an act that interferes with the comfort of a number of people. This can involve the ability to access a public place such as a park, roadway or a building, rubbish being left on a property

Question 20

private nuisance

Answer 20

occurs when an individual’s right to use or enjoy their property is interfered with by the unreasonable or unlawful actions of another individual. Eg. Smoke, loud music, tree branches.

Question 21

Trespass

Answer 21

involves knowingly entering another person’s property without that person’s permission

Question 22

3 types of trespass

Answer 22

land, goods, person (assault, battery, false imprisonment)

Question 23

Trespass to land

Answer 23

Is the unauthorised access to one’s land and includes:​ staying longer than permitted​, throwing item on land without permission, leaning up against property without permission

Question 24

trespass to goods

Answer 24

Is the unauthorised use, removal or damage to one’s good.

Question 25

trespass to person

Answer 25

Assault, battery or false imprisonment of another person.

Question 26

counter offer

Answer 26

offer made in response to a previous offer
rejects the original offer
requires acceptance for the counter offer

Question 27

invitation to treat

Answer 27

invitres people to make an offer whereas an offer intends to bind someone
“who wants to buy my drink bottlle”
“do you want to buy my drink people for $5”

Question 28

breach of contract : 4 main remedies

Answer 28

specific performance:
court makes a party perform contract
Injunction: court orders party not to do something
damages: money for loss or harm
rescission: court cancels contract

Question 29

elements of negligence that the plaintiff must prove

Answer 29

1. That the defendant owed the plaintiff a duty of care (a person owes a duty of care according to the neighbour principle = someone likely to be affected by your actions) 2.The person who owed the duty of care failed to take reasonable care (breach of duty of care) 3.Harm was caused as a result of the breach of duty of care (harm can include loss or injury)

Question 30

defences of negligence

Answer 30

No duty of care was owed, Duty of care was not breached, no damage occurred, defendant had contributory negligence and defendant had voluntary assumption of risk

Question 31

elements of defemation

Answer 31

lowers a persons reputation, is untrue, refers to the plaintiff, communicated to a 3rd party

Question 32

defences of defamtion

Answer 32

statement was substantially true, absolute privilege (court-gives immunity to being sued), honest opinion ( opinion must be proved), innocent dissemination (unknowingly distribute defamatory material-news agency)