Civil Law terms Flashcards
Parties to a civil dispute
Plaintiff
Defendant
Possible defendants
Defamation
A tort that protects people’s reputations from being unfairly harmed
Elements of defamation
The statements made by the defendant are
1. Defamatory - harms/damages/ridicules a person and exposes them
2. Untrue
3. Refers to the plaintiff - does not have to just be by name
4. Were indeed published by the defendant
5. Fit into the limitation of actions - must be brought into court within one year of the date it was published/said
Defences to defamation
Contextual truth - made within the same context as some true statements and do not further harm the plaintiff’s reputation
Triviality - the plaintiff is unlikely to be harmed by the statements
Negligence
A tort which involves a breach in the duty of care, causing loss or harm
Elements of negligence
Duty of Care - The defendant owed the plaintiff a duty of care if the risk of harm was reasonably foreseeable
Breach in the duty of care
Causation - The injury was caused directly through the defendant’s negligence
Injury/loss/damage - The plaintiff needs to establish that injury, loss or damage was suffered
Defences to negligence
Contributory negligence - the plaintiff is partly to blame
Voluntary assumption of risk - defendant has to prove that the plaintiff was aware of the obvious risk and voluntarily chose to take the risk
Possible defendants in a civil dispute
Wrongdoer - the person that directly caused the damage
Employer - vicarious liability - responsible for the actions of their employees
Insurers - of the defendant
Accessorial Liability - Persons involved in the wrongdoing
Possible plaintiffs in a civil dispute
The Aggrieved Party - A person who has directly suffered and had their right infringed
Class action - Where at least 7 people make a claim where they have similar facts
Insurers - Supports the plaintiff
Other victims - People who have suffered indirectly
Limitation of Actions Act
- Defamation
- Negligence
1958 Victoria
- 1 year
- 12 years