SAC 4 Flashcards
Breach:
Failure to observe a law imposed on them.
Civil law:
resolve disputes between two individuals and these cases seek to enforce rights where harm has occurred.
1) provide guidelines for behaviour.
2) Protect rights of individuals.
3) Provide avenue to seek compensation.
4) Remedy the harm suffered.
Burden of proof:
Prosecution presents evidence to the court to prove guilt of the accused rather than the accused proving their innocence alone.
Causation:
Relationship between defendant’s actions and the plaintiff suffering from harm or loss.
Loss:
The harm or damage suffered by an affected party
Plaintiff to obtain a legal remedy, such as damages, it can be proven that they have suffered loss or harm.
- financial loss
- property damage
- personal injury
- pain and suffering
- loss of amenity
Accessorial liability:
the responsibility imposed on one person for the wrongdoing of another, where there is a connection to the wrongdoing
Negligence:
Owe a ‘duty of care’ to those who they work with.
Main purpose: protect individuals from harm.
Defamation:
to protect a persons reputation and character from damage.
Elements of defamation:
- defamatory
- untrue
- refers to plaintiff
- published by defendant
Elements to negligence:
- Duty of care
- Breach
- Causation
- Injury, loss or damage
Defences to negligence:
- obvious risk
- voluntary assumption of risk
- illegality
- contributory negligence.
Remedies to negligence:
- Damages (remedy) (Compensatory damages).
- Damages: money from defendant to plaintiff.
Negligence impacts of the breach on the plaintiff:
- Physical injury.
- Emotional impact.
- Unemployment.
Negligence impacts of the breach on the defendant:
- Loss of business.
- Damage to reputation.
- Costs.
- Physical injury.
Defamation remedies:
Damages, injunction.
Defamation impact of breach for plaintiff:
- Loss of reputation
- Emotional impacts
- Loss of wages
- Unemployment
Defamation impact of breach for defendant:
- Costs
- Need to sell assets
- Public humiliation
Negligence case facts:
Case, limitation of actions.
Donoghue v Stevenson 1932
Limitation of Actions: damages where it causes personal injury: 3 years, other cases 6 years.
Defamation case facts:
Rights, limitation of actions.
Rebel Wilson v Bauer Media [2018]
Defamation rights protected by law:
- Freedom of expression
- Considered of good character
- Right to seek remedies
Limitation of actions:
- Within 1 year of date of publication
- Can extend to 3 years
Types of damages:
- Special damages: (compensate for loss), determined WITH money.
- General damages: Compensate (cannot be accurately determined in money).
- Aggravated damages: defendant shows reckless disregard.
Defences to defamation:
- Justification
- Contextual truth
- Publication of public documents
- Public interest
Injunction:
order requiring defendant to do or not do something.
