Civil Law

Question 1

Balance of probabilities

Answer 1

court needs to be satisfied based on the evidence presented that is more likely than not that the event occured

Question 2

Letter of demand

Answer 2

sent by a solicitor to add gravity to a claim and communicate the seriousness of the complaint to the other party

Question 3

Breach

Answer 3

a violation of law, promise of obligation

Question 4

Statutory Limitations

Answer 4

Personal injury: 3 years
Breach of contract: 6 years
Defamation: 1 year

Question 5

Tort

Answer 5

A civil wrong.
One person is harmed by another and this harm gives right to the rise to sue

Question 6

Tort of negligence

Answer 6

to ensure that a party who owes a duty of care to another party does not breach that duty, or is held accountable if they do

Question 7

Neighbour principle

Answer 7

one must take reasonable care to avoid acts or omissions that could reasonably be foreseen as likely to injure one’s neighbour.

Question 8

Binding precedent

Answer 8

must be followed by lower courts in the same hierarchy for consistency and fairness e.g. Grant v Australian Knitting Mills

Question 9

Persuasive precedent

Answer 9

does not have to be followed but it can persuade a judge to make a similar decision e.g. Donoghue v Stevenson

Question 10

Defences to negligence

Answer 10

1. Lack of elements
2. Voluntary assumption of risk
3. Contributory negligence

Question 11

Tort of defamation

Answer 11

to protect the reputation of individuals against unjustified attempts to discredit their character in the eyes of others in the community

Question 12

Defences to defamation

Answer 12

1. Lack of elements
2. Justification
3. Honest opinion
4. Contextual truth

Question 13

Agreement

Answer 13

exchange of promises between two people or parties that is recognised by the law

Question 14

Elements of a legally binding agreement

Answer 14

1. intention of create legal relations
2. agreement between the parties - (offer and acceptance)
3. consideration

Question 15

Consideration

Answer 15

Value of the promise of what is exchanged between the parties

Question 16

Capacity

Answer 16

ability that a person has to be legally capable of entering into a contract or properly understand their obligations under a contract

Question 17

void

Answer 17

contract is of no legal value and essentially doesn’t exist

Question 18

voidable

Answer 18

able to be cancelled or ended

Question 19

necessaries

Answer 19

those things that a minor needs to maintain the standard of living that they currently enjoy

Question 20

remedies

Answer 20

restore the plaintiff to the position they were in prior to infringement of their rights

Question 21

damages

Answer 21

an amount of money to be paid to the infringed party to compensate for losses suffered e.g. specific, general, aggravated

Question 22

injunctions

Answer 22

a court order to force a party to complete or stop an action in an attempt to rectify the situation which has arisen e.g. mandatory, restrictive