key concepts

Question 1

breach

Answer 1

• the plaintiff has to prove that the defendant failed to observe a law or obligation
• it could be a breach of an agreement or a duty of care

Question 2

causation

Answer 2

• the plaintiff has to prove that this breach caused or resulted in the harm to the plaintiff
• there need to be a casual link between the defendants breach and the plaintiffs harm

Question 3

loss

Answer 3

• economics or financial loss
• propert damage
• personal injury
• pains and suffering
• loss of amenity/enjoyment of life

Question 4

limitations of actions

Answer 4

• the plaintiff must initiate their cliam within a specified time limit
• typically 6 years in victoria

Question 5

the burden of proof

Answer 5

the responsibility of proving the facts lies with the plaintiff as they made the ellegation against the defendant

Question 6

the standard of proof

Answer 6

the degree to which a civil case must be proven is the balance of probabilities more likely to be right.