Civil Law Flashcards
What do you do in civil law?
You try to restore the injured party back to their original state
What is the difference between civil law and criminal law?
Civil law looks at the legal relationship with the individual
Criminal law looks at the legal relationship with society
What is the standard of proof in civil law?
On the balance of probabilities - most likely circumstances
What are torts?
Wrongs
What is negligence?
Failure to duty of care
What must be proven in negligence?
That the person owed a duty of care
A breach of duty of care
Injury resulted
What is defermation?
Right to a good name
What must be proved in defermation?
What was said, painted etc was referred to the plaintiff
Defamatory- lowered your reputation
A third party saw it
What is tresspsass?
The unlawful touch of a person
False imprisionment
Damage to goods
Damage to property and to land
What is nuisance?
Interference with your ability to enjoy use of land
What are the defences for negligence?
No duty of care , no breach of duty and no damage
Defence for tresspass
Consent, license and necessity
Defence for defermation?
Truth, consent, privilege - right to say things
Defences for nuisance:
Not persistent, not excessive
