civil liability

Question 1

Civil law

Answer 1

regulates disputes between organisations, individuals and groups, and allows people to enforce their rights where harm has occurred.

Question 2

Civil liability

Answer 2

legal responsibly of a party for any loss or harm caused to another party because of a breach of civil law.

Question 3

Burden of proof

Answer 3

the responsibility of proving the facts of the case
- the burden of proof is with the plaintiff

Question 4

Counterclaim

Answer 4

a claim made by the defendant against the plaintiff in response to the plaintiff’s claims in the same case (and heard at the same time by the court)

Question 5

Standard of proof

Answer 5

the degree or extent to which a case must be proven
- the plaintiff must prove the case on the balance of probabilities
The plaintiff must prove that they are most likely in the right, and the defendant is more likely in the wrong (more probable than not that the plaintiff’s side of the story is right)

Question 6

A class action

Answer 6

a type of civil proceeding, where seven or more people have claims against the same person, and those claims relate to the same, or similar, circumstances (facts).
- These claimants join together to issue a claim against the defendant
- One of the members of the ‘class’, known as the lead plaintiff, will represent the group members in the proceeding

Question 7

Negligence

Answer 7

a type of tort which involves a breach of a duty of care, causing loss or harm

Question 8

Contributory negligence

Answer 8

the defence that can be used by a defendant who alleges that the plaintiff contributed to the harmful situation or is partly to blame for the harm done

Question 9

Assumption of risk

Answer 9

a defence in which the defendant claims that the plaintiff voluntarily accepted the risk or injury and was aware of an obvious risk and that the plaintiff voluntarily chose to take the risk

Question 10

Damages

Answer 10

involve a payment of money from the defendant to the plaintiff, for the injury, loss and/or damage caused through the defendant’s actions.

Question 11

Specific (special) damages

Answer 11

for loss that can be accurately measured in monetary terms (e.g. loss of wages and medical costs)

Question 12

General damages

Answer 12

for loss that cannot be accurately measured in monetary terms (e.g. loss of enjoyment of life, pain, suffering)

Question 13

Aggravated damages

Answer 13

awarded if the defendant shows reckless disregard for the plaintiff’s feelings, causing shame and humiliation

Question 14

exemplary damages

Answer 14

could be awarded which the court uses to make an example of the defendant and to deter others from that type of behaviour, where defendant acted in extreme disregard for the plaintiff