Civil Law

Question 1

What does it mean civil law

Answer 1

Civil law allows an injured person to sue a third party for compensation for their injury or loss if the injury was caused through the third party’s negligence.

Question 2

Cilvil law example

Answer 2

: negligence is a type of tort, which is something wrong that somebody does to somebody else that is not criminal, but that can lead to action in a civil court. It is a civil wrong

Question 3

Who is offended in civil law

Answer 3

The offence is against the individual.

Question 4

Who takes action in civil law

Answer 4

By the injured party

Question 5

Is loss necessary for action

Answer 5

Yes

Question 6

Outcome sought in civil law

Answer 6

Injured party seeks compensation

Question 7

How is guilt/liability proven

Answer 7

Liability is proven on the balance of probabilities
E.g. One side of the argument needs to be slightly more one sided than the others to tilt the scales of justice in its favor

Question 8

Can you insure against being sued in a civil case

Answer 8

Yes employers liability insurance (ELI)

Question 9

Which court for claims against employers

Answer 9

Civil law

Question 10

Employees may sue in 2 ways whatcha are

Answer 10

Under the tort of negligence

Or tort of breach of statutory duty

Question 11

Negligence tipping the scales for the injured party (claimant) to succeed in a claim three things must be proven in what ways

Answer 11

Breach is the cause of the injury or other legally recognized loss

Duty of care is breached

The defendant owes the claimant the duty of care

Question 12

Alternative to sue for negligence by claimant

Answer 12

If there was a breach of the defendant breaching a relevant statue

Question 13

Are all statutes included in TBSD

Answer 13

Not all statutes can be used in a civil claim.
May sue under a breach of the management of health and safety at work regs.

Non employees excluded

Question 14

What conditions have to be meet for a breach of statutory duty in a civil claim

Answer 14

The statute must apply to the claimant, i.e. an employee can only sue if the statute applies to employees.
The statute must have been designed to prevent the type of injury incurred by the claimant.
The statute must have been breached. (A successful prosecution will aid the claimant’s case).
The injury must have been caused by the breach of statute.