civil law Flashcards
purpose of civil law
- achieve social cohesion
- protect rights of individuals
- ensure people have the opportunity to resolve disputes
- provide mechanism to seek compensation
key concepts of civil law
- breach
- causation
- loss
- limitation of actions
- burden of proof
- standard of proof
define breach
breaking or failing to fulfill a duty or obligation
define causation
the direct link between one event (eg. event A) and another event (eg. event B) where event A was th reason event B happened, & event B would not have happened on it’s own without event A
define loss
must be a loss suffered by the plaintiff
- economic or financial loss
- property damage
- personal injury
- pain & suppering
- loss of amenity
define limitation of actions
the plaintiff must initiate their claim within a specified time limit. in Vic, it is 6 yrs but that can be extended in some cases
define burden of proof
the obligation of a party to proove a case (usually plaitiff apart from a countercclaim or appeal
define standard of proof
the degree or extent to which a case must be proved in court
possible plaintiffs
- aggriveved party
- other victims
- insurer
possible defendants
- wrongdoer
- employer
- others involved in the wrongdoing
- insurers
types of civil law
- nuisance
- contract law
- anti-discrimination law
- wills & inheritance laws
- employment law
- family law
- defamation
- trespass
- negligence
negligence
- role of law in developing the elements and defences
- defences to negligence
- possible impacts of breach of the parties
- the limitation of actions
- rights protected by law
- elements required to establish liability
role of law in developing the elements and defences
statute law & common law
defences to negligence
contributory negligence & voluntary acceptance of risk
possible impacts of breach of the parties
possible impact on defendant & possible immpacts on plaintiff
