civil liability and tort law

Question 1

Define civil law

Answer 1

Civil law is an area of law that defines the rights and responsibilities of individuals, groups, and organisations in society and regulates private disputes.

Question 2

Purposes of civil law

Answer 2

Civil law aims to…
- Provide guidelines for acceptable behaviour
- Protect the rights of individuals
- Provide an avenue for people to seek compensation
- Remedy the harm that has been suffered

Question 3

Define civil liability

Answer 3

Civil liability is the legal responsibility of a party for loss or harm caused to another party because of a break of civil law

Question 4

Types of civil law

Answer 4

Nuisance, defamation, contract law, negligence, wills, trespass, family law, employment, equal opportunity and discrimination

Question 5

Breach

Answer 5

A breach is a breaking of or failing to fulfill or comply with a duty or obligation.

Question 6

Causation

Answer 6

The plaintiff must prove that the defendant’s actions caused or resulted in the harm suffered by the plaintiff, and that the harm would not have occurred if the defendant had not acted in the way they did

Question 7

Loss

Answer 7

A plaintiff can only obtain a legal remedy if it can be proved that they have suffered loss or harm
Loss includes economic or financial loss, property damage, personal injury, pain and suffering, loss of amenity, etc.

Question 8

Limitation of actions

Answer 8

The time period within which a civil law action can be initiated

Question 9

The burden of proof

Answer 9

The obligation of a party to prove the facts of the case
In a civil case, the burden of proof lies with the plaintiff

Question 10

The standard of proof

Answer 10

The degree or extent to which a case must be proved in court
In civil cases, the plaintiff must prove the case on the balance of probabilities

Question 11

Plaintiffs in a civil case

Answer 11

The aggrieved party, other victims

Question 12

Defendents

Answer 12

The wrongdoer, employers, persons involved in the wrongdoing

Question 13

Define tort law

Answer 13

Tort law involves wrongs that interfere with a person’s legally protected interest

Question 14

Define negligence

Answer 14

Negligence is a tort that involves a break of a duty of care, causing loss or harm
A person is obliged to take care when it is reasonably foreseeable that others could be harmed

Question 15

Purposes of negligence laws

Answer 15

• protects an individual’s right to be safe from harm
• establishes legal principles about when duty of care is owed and the standard of care required
• allows people to seek an appropriate remedy against those who breached duty of care
• establishes limitation for what remedies may be sought

Question 16

Elements required to establish liability for negligence

Answer 16

• the defendant owed a duty of care to the plaintiff
• the defendant breached the duty of care
• the breach of the duty of care caused harm to the plaintiff
• the wronged person has suffered harm; injury, loss or damage

Question 17

Limitation of actions for negligence

Answer 17

Negligence claims where the plaintiff contracted disease - 3 years
General negligence claims - 6 years
Negligence claims where the plaintiff died/ suffered personal injury - 3 years or 12 years

Question 18

Defenses to negligence

Answer 18

• the four elements of negligence have not been established
• contributory negligence
• volenti non fit injuria

Question 19

Define class action

Answer 19

A type of lawsuit where the plaintiff is a group of people who are represented collectively by a member or members of that group

Question 20

Exemptions to negligence

Answer 20

• participating in risky recreational activities
• volunteering
• donating food
• being a good samaritan

Question 21

Possible remedies for negligence

Answer 21

Compensatory damages
These damages involve a payment of money from the defendant to the plaintiff

Question 22

Impacts on the plaintiff for negligence

Answer 22

• loss of life
• permanent physical incapacity
• serious physical injury
• emotional impact
• loss of wages
• unemployment
• mental health impact

Question 23

Impacts on the defendants for negligence

Answer 23

• loss of business
• public humiliation
• physical injury
• costs
• need to sell assets

Question 24

Define contributory negligence

Answer 24

Contributory negligence is a defense where the defendant alleges that the plaintiff contributed to the harm caused.
E.g. the plaintiff does not wear a seatbelt in a car accident

Question 25

Define ‘volenti non fit injuria’

Answer 25

A latin term which mean ‘to a willing person, injury is not done’. The plaintiff has accepted and understood the risk, either expressly or by implication

Question 26

Define special damages

Answer 26

Damages which compensate for loss that can be accurately measured in monetary terms
E.g. loss of wages and medical cost

Question 27

Define general damages

Answer 27

Damages to compensate for loss that cannot be accurately measured in monetary terms
E.g. loss of enjoyment of life, pain and suffering

Question 28

Define aggravated damages

Answer 28

Awarded if the defendant shows reckless disregard for the plaintiff’s feelings. These damages aim to compensate the plaintiff for distress and feelings of humiliation

Question 29

Define defamation

Answer 29

Defamation is a type of tort that involves the action of damaging a person’s personal or professional reputation through the communication of untrue or false statements or information

Question 30

Purposes of defamation law

Answer 30

• protects the right to freedom of expression
• protects the right tp be considered of good character and reputation
• the right to have good reputation is protected by placing limits on freedom of expression
• protects the right to seek effective and fair remedies
• protects the right to a quick and effective method of resolving disputes
• protects individuals against material or free speech that would harm their reputation

Question 31

Elements required to establish liability for defamation

Answer 31

• the statement is defamatory
• the statement is untrue
• the statement refers to the plaintiff (not necessarily by name)
• the statement has been published by the defendant
• the defamatory material has caused/ is likely to cause serious harm to the reputation of the plaintiff

Question 32

Limitation of actions for defamation

Answer 32

Within 1 year of the publication date

The court may extend the limitation period by up to 3 years, if it was not reasonable for the plaintiff to have commenced action within a year

Question 33

Defenses to defamation

Answer 33

Justification, contextual truth, absolute privilege, publication of public documents, fair report of proceedings of public concern, public interest, honest opinion, innocent dissemination

Question 34

Justification as a defense to defamation

Answer 34

The statement is substantially true

Question 35

Contextual truth as a defense to defamation

Answer 35

The statement is made in the same context as statements that are substantially true
The statement does not further the harm to the reputation of the plaintiff

Question 36

Absolute privilege as a defense to defamation

Answer 36

The defendant has complete immunity from being sued in certain cases.
E.g. the defamatory statement was published in the course of proceedings of parliamentary bodies, courts or tribunals

Question 37

Publication of public documents as a defense to defamation

Answer 37

The published statement was a fair copy, summary, or extract of a public document, but only if the statement was published for the public or for educational purposes

Question 38

Fair report of proceedings of a public concern as a defense to defamation

Answer 38

The statement is a fair report of proceedings, published for the public’s information or for educational purposes
E.g. Parliamentary body

Question 39

Public interest as a defense to defamation

Answer 39

When the defendant reasonably believed that the publication of the matter was in the public interest.

Question 40

Honest opinion as a defense to defamation

Answer 40

Expression of honest opinion rather than a statement of fact

Question 41

Innocent dissemination as a defense to defamation

Answer 41

Defendant unknowingly distributed the defamatory information
E.g. published as a subordinate or employee

Question 42

Possible remedies for defamation

Answer 42

Damages
Injunction
(an order requiring the defendant to do or not to do something, non financial remedy)

Question 43

Impacts on the plaintiffs for defamation

Answer 43

• loss of reputation
• emotional impact
• loss of wages and livelihood
• unemployment

Question 44

Impacts on the defendants for defamation

Answer 44

• costs
• need to sell assets
• public humiliation

Question 45

Slander

Answer 45

A type of defamation that is non permanent (i.e. verbal)

Question 46

Libel

Answer 46

A type of defamation that is permanent (i.e. written)

Question 47

Mandatory injunction

Answer 47

Compels behaviour, forces someone to do something

Question 48

Restrictive injunction

Answer 48

Prohibits behaviour

Question 49

Remoteness

Answer 49

If the damage was not reasonably foreseeable, the defendant will not be held liable as the damage is too remote

Question 50

Vicarious liability

Answer 50

Vicarious liability is when somebody becomes responsible for the actions of another
The employer is vicariously liable for the actions of their employees