Civil Law terms Flashcards

1
Q

Parties to a civil dispute

A

Plaintiff
Defendant
Possible defendants

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2
Q

Defamation

A

A tort that protects people’s reputations from being unfairly harmed

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3
Q

Elements of defamation

A

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

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4
Q

Defences to defamation

A

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

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5
Q

Negligence

A

A tort which involves a breach in the duty of care, causing loss or harm

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6
Q

Elements of negligence

A

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

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7
Q

Defences to negligence

A

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

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8
Q

Possible defendants in a civil dispute

A

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

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9
Q

Possible plaintiffs in a civil dispute

A

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

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10
Q

Limitation of Actions Act
- Defamation
- Negligence

A

1958 Victoria
- 1 year
- 12 years

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