civil law revi Flashcards
what is civil law
civil law is concerned with cases where there is a dispute bwetween two private individual
purpose of civil law
aims to rpotects the rights of an nindividual and return the wronged party to its original position
types of civil law
Contract law- this involces an agreement entered into with the intention of being legally binding
Tort law- This involves a person/party doing a civil wrong to the other
what does the magistrates court hear
Minor civil disputes where the amounf of money in the dsipute is under 100 000
what does the country court hear
all civil disputes involving unlimited amount of money
parties to a dispute
Plaintiff- person who has been wronged
Defendant- person complained about
4 torts
defamiton, negligance, nuiscance , tressassing
Defamation-
defamation is making untrue statements either orally or written causing that person harm
Negligance
thisis where a person owes duty of care to their neighbour. If this duty is reached a person is considered legally negligant
three main elements to negligance
Breach of duty
duty of care
Injury damage or result in loss
defence to negligance
No duty of care was owed
The duty of care was not breached
The plaintiff contributed to the damage
standard of proof
In a civil case the plaintiff must prove that their vesion/facts of the case is more probable/likely than the defendants
Burden of proof
The plaintiff has the burden of proof in a civil case. This means the plaintiff has to provve that the defednant has committed a civil wrong.
remedy
If the plaintiff is succsessful a remedy is awarded. Remedies include - Damages, court order for specific performances, apology
general damage?
amounts of compensation that cannot be accurtaely measuered
