Civil Liability

Question 1

Civil law

Answer 1

Regulates disputes between individuals, groups, and organizations. It enables people to enforce their rights where harm has occurred.

Question 2

‘Civil liabilities’

Answer 2

is a term used to describe the legal responsibilities of a party (i.e. an individual, group, or organization) for any loss or harm caused to another party because of a breach of civil law.

Question 3

Purposes of civil law

Answer 3

1. Achieve social cohesion
2. Protect the rights of individuals
3. Provide an avenue for people to seek compensation

Question 4

Negligence

Answer 4

● Laws relating to negligence aim to ensure that people who owe reasonable duties of care to each
others do not breach those duties. If they do, they are responsible for any loss suffered as a result.

Question 5

Wills

Answer 5

● Laws relating to wills aim to provide a consistent set of rules about the way a person’s will (instructions
about how to deal with their property after they die) must be carried out. If a deceased person didn’t
leave a will, statute law sets out the way this must be done to provide a fair and equitable distribution
of assets.

Question 6

Nuisance

Answer 6

● Laws relating to nuisance recognise that people should have a right to enjoy and use their land,
or public land, free from interferences or annoyance. Their purpose is to ensure that people can
enjoy this right, by establishing guidelines on what counts as interference or annoyance.

Question 7

Defamation

Answer 7

Laws relating to defamation aim to ensure that a person’s reputation is not harmed because of false statements that are made about that person. The following legal case is an example of a civil dispute.

Question 8

Trespass

Answer 8

This occurs when someone interferes with another person, their land or their goods, and that interference causes damage (e.g. destroying another person’s car may give rise to a claim for trespass to goods).

Question 9

Contract law

Answer 9

This covers the validity of contracts (legal agreements) and the rights available to a person if a valid contract has been breached. A claim for breach of contract may involve a contracting party who has failed to do something or has done something contrary to what they have agreed to do as part of a contract.

Question 10

Family law

Answer 10

This deals with disputes between family members and which are of a family nature, such as disputes over the division of property between divorced parties and the parenting of children, as illustrated in the example below.

Question 11

Employment laws

Answer 11

These deal with disputes between employers and employees. Disputes often arise in the workplace in relation to pay, conditions, harassment, discrimination, and termination of employment.

Question 12

Equal opportunity and discrimination laws

Answer 12

These aim to protect individuals from bias, prejudice, or vilification based on a personal attribute such as their sex, marital status, race, or religion.

Question 13

Breach

Answer 13

This means that the defendant has in some way failed to observe a law or obligation imposed on him or her.

The plaintiff may allege that the defendant has breached an agreement that was
reached between them. In other words, the defendant has failed to fulfill an obligation or promise that he or she made the plaintiff.

Question 14

In negligence

Answer 14

A plaintiff may allege that the defendant breached his or her duty of care to the plaintiff. This means that the defendant had an obligation or duty to care for the plaintiff, and that duty was not complied with.

Question 15

In a sexual harassment claim

Answer 15

A plaintiff may allege that the defendant breached the relevant laws which prohibit people from sexually harassing another person.

Question 16

Causation

Answer 16

The direct relationship between one event (i.e. Event 1) and another event (i.e. Event 2), where Event 1 was the reason Event 2 happened, and Event 2 would not have happened by itself, without Event 1.

Question 17

Break in the cause link

Answer 17

There can be an intervening event or a break in the chain of causation. This happens when something occurs after the defendant’s actions which may be seen to have actually caused the injury or loss, rather than the defendant’s actions.

Question 18

Loss

Answer 18

As a general rule, the plaintiff will only be able to obtain a legal remedy, such as damages, if it can be proved that he or she suffered loss or harm.

Question 19

Loss- Economic or financial loss

Answer 19

For example, loss of wages, loss of earning capacity, or loss of profits if a contract has been breached. For personal injury claims, it might also include money spent on medical expenses.

Question 20

Loss- Property damage

Answer 20

– For example, a car may have been damaged, or there might be damage to a house, clothing or goods.

Question 21

Loss -Personal injury

Answer 21

For example, the plaintiff might have suffered cuts, bruises, broken bones, or loss of a limb.

Question 22

Loss - Pain and suffering

Answer 22

For example, this might be pain and suffering such as mental anguish, anxiety, or depression.

Question 23

Loss - loss of amenity

Answer 23

– For example, this can include loss of enjoyment of life, loss of job satisfaction, loss of family life or loss of enjoyment of hobbies

Question 24

limitation of actions

Answer 24

limitation of actions the restriction on bringing a civil claim after the allowed time. Once that time period has passed, then the defendant will be able to
raise a defense that the plaintiff is too late to obtain any form of remedy.

Question 25

A delay in issuing a claim

Answer 25

A delay in issuing a claim can also risk the reliability of evidence,
including the evidence of people who may have seen what happened, and physical evidence.

Question 26

The Burden of proof

Answer 26

In a civil case, the burden of proof lies with the plaintiff, meaning the plaintiff must present evidence to establish that the defendant is in the wrong (or liable for the harm that has been inflicted on the plaintiff ).

-It is not the responsibility of the defendant to prove they are not liable

Question 27

The Standard of proof

Answer 27

In civil cases, the plaintiff must prove the case on the balance of probabilities, meaning the plaintiff must prove that they are most likely in the right, and the defendant is more likely in the wrong.

Question 28

Counterclaim

Answer 28

The separate claim made by the defendant in response to the plaintiff’s claim (and heard at the same time by the court)

Question 29

The aggrieved party, the wronged party or the plaintiff

Answer 29

The person whose rights have been infringed is referred to as either the aggrieved party, the wronged party, or the plaintiff (in court).

Question 30

wrongdoer or the defendant

Answer 30

The party alleged to be in the wrong is referred to as the wrongdoer or the defendant (in court).

Question 31

Who are the POSSIBLE PARTIES TO A CIVIL DISPUTE?

Answer 31

In civil disputes, there can be more than one plaintiff and more than one defendant.

Question 32

Who can be plaintiffs and defendants?

Answer 32

Plaintiffs and defendants can be human beings, companies (who are separate legal entities from the directors and managers who run them), or other bodies such as government agencies.

Question 33

The Aggrieved party

Answer 33

The aggrieved party is the person whose rights have been infringed and who has suffered a loss.

Question 34

Possible defendants the possible defendants in a civil dispute.

Answer 34

The wrongdoer (i.e. the person or company who caused the loss or damage to the plaintiff )
• employers
• persons involved in wrongdoing
• insurers.

Question 35

The wrongdoer

Answer 35

The person or company that has directly caused the loss or damage to the plaintiff (often called the wrongdoer), being the person who is alleged to have
caused harm to the plaintiff.

Question 36

Accessorial liability characteristics

Answer 36

A person may be involved in
wrongdoing if they:
• aided, abetted (i.e. encouraged) or procured (i.e. organised) the wrongdoing
• induced, or encouraged, the wrongdoing
• were in any way, directly or indirectly, a party to the wrongdoing
• conspired with others to cause the wrongdoing.

Question 37

Accessorial liability

Answer 37

A person who is involved in the wrongdoing of another may also be sued. This other person may be seen to be involved in the wrongdoing because they were indirectly a party.

Question 38

Remedy

Answer 38

Remedy a term used to describe any order made by a court designed to address a civil wrong or breach. A remedy should provide a legal solution for the plaintiff for a breach of the civil law by the defendant and (as much as possible) restore the plaintiff to their original position prior to the breach of their rights.

Question 39

● Contract law aims

Answer 39

aims to ensure that people who make promises under a contract (agreement) stick to those promises, or else compensate the other party to the contract if they fail to comply with it.

Question 40

Laws relating to Wills and inheritance laws

Answer 40

These regulate wills, including when they are valid. They give guidelines about the decisions made by a will-maker and how a person’s estate is distributed if there is no will.

Question 41

the aggrieved party, the wronged party or the plaintiff refers to?

Answer 41

The person whose rights have been infringed is referred to as the aggrieved party, the wronged party or the plaintiff

Question 42

delay in issuing a claim

Answer 42

1. Breach of contract 6 years
2. Under tort law 6 years
3. Under tort law where there is personal injury consisting of a disease or a
   Disorder 3 years
4. Defamation 1 years
5. An action to recover arrears of rent 6 years

Question 43

civil claims for which there is no limitation period

Answer 43

For example, for people who have a civil claim with respect to physical or sexual abuse that they suered as a minor, or psychological abuse that arose out of that abuse, there is no time period within which that claim might be issued.

Question 44

The Aggrieved party

Answer 44

The aggrieved party is the person whose rights have been infringed and who has suffered loss

Question 45

Possible defendants the possible defendants in a civil dispute can include:

Answer 45

the wrongdoer (i.e. the person or company who caused the loss or damage to the plaintiff )
• employers
• persons involved in wrongdoing
• insurers.

Question 46

accessorial liability

Answer 46

A plaintiff may decide to sue somebody else who was involved in wrongdoing

Question 47

The wrongdoer

Answer 47

Wrongdoer It is often the case that the plaintiff will sue the person or company that has directly caused the loss or damage to the plaintiff (often called the wrongdoer), being the person who is alleged to have
caused harm to the plaintiff