Legal unit 2 oat 1

Question 1

Negligence def

Answer 1

when someone owes a duty of care to another person and breached that duty, causing harm or loss to another person

Question 2

Trespass def

Answer 2

When someone interferes with another person, their land or their goods, and that interference causes damage

Question 3

Defamation def

Answer 3

Publication of material that causes damage to another person’s reputation

Question 4

Nuisance def

Answer 4

Relates to a person’s right to use and enjoy both public and private property

Question 5

Wills and inheritance def

Answer 5

Regulate wills, including when they are valid

Question 6

Contract

Answer 6

Cover the validity of contracts (i.e legal agreements) and the rights available to a person if a valid contract has been breached

Question 7

Breach

Answer 7

The defendant failed to observe a law or obligation imposed on them - the breaking or failure to fulfil or comply with a duty or obligation

Question 8

Contract law

Answer 8

An agreement between two parties has been breached

Question 9

Causation

Answer 9

Plaintiff must prove that the defendant’s actions caused or resulted in the harm suffered by the plaintiff

Question 10

Loss

Answer 10

A plaintiff can only obtain a legal remedy, such as damages, if it can be proven that they have suffered loss or harm

Question 11

Limitation of action

Answer 11

Time period within a wronged party can sue the wrongdoer - can be extended

Question 12

Burden of proof

Answer 12

Responsibility of proving facts of the case lies with the plaintiff

Question 13

The standard of proof

Answer 13

Balance of probabilities - plaintiff more likely to be right, defendant more likely to be wrong

Question 14

Class action

Answer 14

Group proceeding - seven or more people have claims against the same party of the same circumstances

Question 15

Specific damages

Answer 15

Remedy that can be given a precise monetary value

Question 16

General damages

Answer 16

Remedy that is not easily quantifiable

Question 17

Aggravated damages

Answer 17

Can be awarded to compensate the plaintiff further

Question 18

Rights protected by defamation laws

Answer 18

The right to freedom of expression, and the right to be considered of good character and rep, and the right of people whose rep has been harmed to seek remedies

Question 19

Elements required to establish liability for defamation

Answer 19

The statement is untrue and the material has or is likely to cause serious harm to the rep of the plaintiff