Key Concepts of civil law

Question 1

Breach

Answer 1

When a person or company fails to abide by civil law, this is described as a breach of the law.
This means that there has been a failure to perform a legal obligation owed to a person or business.

Question 2

Causation

Answer 2

For a party to be legally responsible for the loss suffered by another. It must be possible to say, on the balance of probabilities, that they CAUSED the loss.

Question 3

Loss

Answer 3

For most causes of action in civil law, a plaintiff must have suffered loss in order to be granted a remedy by the courts. This is part of what the plaintiff must prove.
• A loss of future earnings for a sports star who has been injured and can no longer play.
• A loss of reputation for a celebrity who has been defamed by false articles in a magazine.• Loss of enjoyment of life due to pain, suffering and mental anguish.
• Damage to property caused by a dead tree that falls on a house and which the local council should
have removed.
• Injury or death (to the plaintiff or a close family member, or even the trauma from witnessing an accident causing injury or death).

Question 4

The burden of proof

Answer 4

In a civil trial, the plaintiff has the burden of proving their claim and showing the defendant was liable for their harm or injury, on the balance of probabilities. The plaintiff must gather evidence to support their claim.

Question 5

The standard of proof

Answer 5

The plaintiff must prove that the defendant is liable for breaching civil law, on the balance of probabilities.