Civil Liability Flashcards
Civil law
Protects the rights of individuals and is concerned with solving disputes between two private individuals
Purposes of civil law
-achieve social cohesion
-protect the rights of individuals
-ensure people have the opportunity to resolve disputes
-provide mechanism to seek a remedy
Types of civil law
-negligence
-trespass
-defamation
-nuisance
-family law
-contract law
-wills and inheritance
-employment law
-anti-discrimination law
Breach
The plaintiff normally has to prove the defendant failed to observe a law or obligation
Causation
The plaintiff needs to prove that this breach caused or resulted in the harm to the plaintiff. There needs to be casualt link between the defendants breach and the plaintiffs harm
Loss
-financial or economic loss
-property damage
-personal injury
-pain and suffering
-loss of enjoyment
Limitations of actions
The plaintiff must initiate their claim within a specific time limit. In Victoria, the limit for most claims is six years
The burden of proof
The onus or responsibility of proving the facts lies with the plaintiff as they made the obligations
The standard of proof
The degree to which a civil case must be proven on the balance of probabilities
Possible plaintiffs
Aggrieved party - the person of people whose rights have been infringed and who has suffered loss
Other victims - includes family or friends of the direct victim
Insurers - companies who have made a payment to a client can try to recover this
Possible defendants
Wrongdoers - those that directly caused harm to the plaintiff.
employer - if the employee was acting in the course of their employment when the wrong occurred, the employer is vicariously liable.
Others involved - those who encourage, organised or planned can be found liable. Known as accessorial liability
