Civil law Flashcards
Civil law
Defines the rights and responsibilities of individuals, groups, and organizations in society and regulates private disputes 
Sue
To take civil action against another person by making a claim that they have infringed some legal right
Liability
The legal responsibility of a partyfor loss or harm caused to another because of a breach of civil law
Remedy
Orders made by a court or tribunal to address a civil wrong or breach, designed to restore the plaintiff back to the original position remedies can be in the form of damages or injunctions
Negligence
Requires individuals who owe a duty of care to another person to prevent foreseeable harm from occurring
Trespass
Prevent individuals from interfering with another person, their lands all their goods
Contract
Ensures that people who make promises under enforceable agreements, fulfil those promises or compensate the other party if they failed to comply
Defamation
Protects a persons reputation from being damaged by lies that are shared with the public 
Purposes of civil law
Provide guidelines for acceptable behaviour so that people uphold each other’s rights and social cohesion can be achieved
Provide a system for parties to pursue right protection through the courts and tribunals
Provide remedy for harm or loss, caused by an infringement of rights
Nuisance
Insures that individuals can enjoy public and private property without interference or annoyance
Parties
BEFORE:
Aggrieved/ wronged party
Wrongdoer
AFTER:
Plaintiff
Defendant
Breach
An act or omission that represents a failure to meet a legal obligation
Plaintiff- burden of proof, must prove defendant is in breach of
Nature depends on area of law:
Contract- failure to fulfill a promise made to plaintiff
Negligence- failure to uphold a duty of care to another person
Loss
A type of harm or damage suffered by a person it can involve both economic and non-economic loss
The plaintiff can only obtain a remedy if they can prove that they have suffered loss or harm
Types of loss:
Financial- loss of wages loss of earning capacity, loss of profits, medical expenses
Property damage- damage or destruction of house, car, clothing, etc
Personal injury- cuts, bruises, broken bones, loss of limb etc
Pain and suffering- mental anguish, anxiety, depression
Loss of amenity- loss of enjoyment of life, loss of job satisfaction, loss of family etc
cannot be too remote (reasonably foreseeable for negligence)
Causation
The direct relationship between the defendants breach and the plaintiff loss
Plaintiff must prove defendants breach was a necessary condition of loss suffered
But for test
There may be an intervening event or break in chain of causation. It may be possible for defendant to avoid liability. If they can prove, the preach was not true cause of loss.
Burden of proof
Responsibility of proving facts of case (plaintiff)
Counter claim
Separate claim made by the defendant in response to the plaintiff claim asserting that the plaintiff is actually at fault
Have independent procedure existence . If the plaintiff action is struck out by the court, the defendants counterclaim will live on.
The defendant has the burden of proof in relation to proving the elements of the counterclaim 
Standard of proof
The degree, which case must be proven in court
Balance of probabilities (more likely than not)
Limitations of actions
The restriction on bringing a civil law claim to court after the allowed time
For almost all civil claims, there is a time period within which the aggrieved party can the wrongdoer
Purposes
Insure civil cases are resolved in a timely manner
Ensure that the defendant does not have a potential case pending for unlimited amount of time
Insure reliable evidence is readily available.
Limitations of actions act 1985, set out the time limits
defamation- 1 year
under tort law where there is a personal injury -three years (starts on the day, they know they know they are injured)
Breach of contract, six years
The court can gain a time extension, depending on the circumstances and nature of the case, some civil claims have no time limit (for example plaintiff claim for physical or sexual abuse they suffered as a minor)
Victoria was the 1st to abolish this sort of time limit 
Plaintiffs and defendants
(inc other PTs)
(inc vicarious liability)
can be multiple plaintiffs/ defendants in a proceeding (joinder of ____)
Plaintiffs can be a person who has indirectly suffered loss as a result of another party:
suffers loss due to death of family member and sues party they believe is negligible
witness of traumatic event who has suffered nervous shock
Defendants:
VL- legal responsibility of a third party for wrongful acts of another-
employers have right, ability and duty to control activities of employees
(course of their employment, frolic of their own)