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Legal Studies > Civil Liability > Flashcards

Civil Liability Flashcards

Unit 1: AOS3

1
Q

Civil Law

A
  • Defines the rights & responsibilities of individuals, groups and organisations in society
  • Regulates Private Disputes
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2
Q

Remedy

A
  • Order made by the courts that is designed to address a civil wrong or a breach
  • Should provide a legal solution for the plaintiff for a breach of the civil law by the defendant
  • Restore (as much as possible) the plaintiff to the position they were in before they were wronged or rights were breached
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3
Q

Plaintiff

A

Party who makes a legal claim against another party in court

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4
Q

Damages

A
  • Amount of money that the court orders one party to pay to another party
  • Most common remedy in civil claim
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5
Q

Contract Law

A

An area of civil law governing the validity & enforceability of agreements made between two parties or more

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6
Q

Negligence

A

Type of tort that involves a breach of a duty of care; causing loss or harm

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7
Q

Will

A

A document that specifies how a person would like their assets to be distributed after they die, and who they would like to carry out their wishes

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8
Q

Nuisance

A

Type of tort that involves interference with a person’s right to use and enjoy private and/or public property

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9
Q

Defamation

A

Type of tort that involves the action of damaging a person’s personal or professional reputation

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10
Q

Trespass

A

Type of tort involving the interference or intrusion of a person’s body, property or goods without the consent of that person

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11
Q

Defendant

A

Party alleged to have breached a civil law and who is being sued by a plaintiff

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12
Q

Sue

A
  • To take civil action against another person
  • Claiming that they infringed some legal right of the plaintiff (or did some legal wrong that negatively affected the plaintiff)
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13
Q

Burden of Proof

A
  • The obligation of a party to prove a case

- Usually rests with the plaintiff [party who initiates legal action]

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14
Q

Standard of Proof

A

The degree or extent to which a case must be proved in court

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15
Q

Breach

A

Breaking or failing to fulfil a duty or obligation

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16
Q

Causation

A
  • The direct relationship between one event and another event
  • Event 1 was the reason for Event 2, and Event 2 would not have happened by itself, without Event 1
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17
Q

Loss

A
  • Type of harm or damage suffered by a person

- Can involve both economic and non-economic loss

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18
Q

Limitation of Actions

A

The restriction of bringing a civil law claim after the allowed time

19
Q

Counterclaim

A
  • A separate claim made by the defendant in response the the plaintiff’s claim
  • Heard at the same time by the Court
20
Q

Balance of Probabilities

A
  • The standard of proof in civil disputes

- Requires plaintiff to establish that it is more probable [i.e. likely] than not that their version of facts is correct

21
Q

Aggrieved Party

A
  • The person whose rights have been infringed and who has suffered loss
  • It is possible for a civil action to include more than one aggrieved person
22
Q

Representative Proceeding

A
  • Legal proceeding in which a group of people have a claim based on similar or related facts bring that claim to court in the name of one person
  • also called ‘class action’ or a ‘group proceeding’
23
Q

Lead Plaintiff

A
  • Person named as the plaintiff in a representative proceeding
  • Represents the group members
24
Q

Group Members

A

A member of a group of people who is part of a representative proceeding [i.e. class action]

25
Q

Nervous Shock

A
  • A Psychological Reaction

- It is psychological harm that is more serious that ordinary grief or stress

26
Q

Insurers

A

A person or company that is contracted to compensate another person in the event of damage or loss

27
Q

Right of Subrogation

A
  • The right to ‘step into the shoes’ of an insured person and act on their behalf
  • Included taking legal actions in their name
28
Q

Vicarious Liability

A
  • Legal responsibility of a third party for the wrongful acts of another
  • e.g. an employer’s liability for what their employees do`
29
Q

Accessorial Liability

A
  • Way in which a person can be responsible or liable for the loss or harm suffered by another person because they were directly or indirectly involved in causing the loss or harm
  • e.g. They encouraged another person to cause the harm
30
Q

Tort

A
  • Term that means ‘wrong’

- A wrong that interferes with a person’s legally protected interests

31
Q

Duty of Care

A

[in relation to negligence]

  • The legal obligation to be cautious & careful
  • Keeping other people in mind when doing something that could harm them
32
Q

Contributory Negligence

A
  • A formal defence to negligence
  • Claims the plaintiff contributed to the harm caused by the defendant
  • If proved: this reduces the damages the defendant has to pay
33
Q

Volenti non fit injuria

A
  • A Latin term meaning: ‘To A Willing Person Injury Is Not Done’
  • Defence in which the defendant claims that the plaintiff accepted the dangers of a known & understood risk; either expressly or by implication
34
Q

Neighbour Principle

A

[in relation to negligence]

  • The common law rule that a person must take reasonable care to avoid acts & omissions that can reasonably be foreseen as likely to inure they ‘Neighbour’
  • i.e. people who would be closely and directly affected by their acts or omissions
35
Q

Justification

A
  • Applies when a defamatory statement is Substantially True

- Vast majority of the statement is True

36
Q

Contextual Truth

A
  • Applies when defamatory statements are made within the same context as statements that are Substantially True
  • Defamatory statements do not further harm the reputation of the plaintiff
37
Q

Absolute Privilege

A
  • Gives defendant complete immunity from being sued in certain cases
  • Able to be used if defendant can prove that the defamatory statement was published in relation to proceedings of parliament, parliamentary bodies, courts or tribunals
38
Q

Publication of Public Documents

A

[Defence to a defamation claim]

  • Published statement was a fair copy, summary or extract if a public document, but only if the statement was published in the public interest or for educational purposes
  • Public document is on e readily available from a parliamentary body, court, tribunal, local government or statutory authority
39
Q

Fair report of proceedings of public concern

A
  • Argue that the statement is a fair report of proceedings, and that the report was published for the public’s information or for educational purposes
    ‘Proceedings’ of public concern involve:
  • Parliamentary body, local government, court or tribunal, because their procedures are usually open to public scrutiny
  • Government inquiries, law reform bodies, the ombudsman, international organisations, and international conferences where governments are represented
  • Learned, professional, trade, sporting or recreational associations where memberships or contractual issues are involved
  • Company shareholders or other meetings dealing with a matter of public interest
40
Q

Qualified Privilege

A
  • Protects a person who has no malice in publishing information that is damaging to another person, and who published the information for various reasons
  • Defence is based on public policy considerations & aims to strike a balance between competing interests.
    The defence is applicable where the defendant:
  • believes that the person receiving the defamatory information has a moral or legal interest in receiving the information
    acts without malice or spite and acts reasonably in the circumstances
41
Q

Honest Opinion

A
  • Defendant may claim defamatory material is an expression of their honest opinion (as a commentator) rather than a statement of fact
  • Matter must be based on public interest and the opinion must be based on proper material
    Proper Material = statement that is substantially true or relates to public documents or a fair reports of proceedings of public concern
42
Q

Innocent Dissemination

A
  • Protects people who may unknowingly distribute defamatory information, such as printing companies, booksellers, libraries, and internet or email providers
    Defendant must establish that they:
  • published material as a subordinate distributor or as an employer or agent of one
  • did not know (nor should have known) that the publication contained defamatory information
  • did not have an obligation to check for defamatory material
43
Q

Triviality

A

Defence applies where the publisher can show that the plaintiff is unlikely to be harmed by the publication of the defamatory material

Legal Studies (2 decks)

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