Sem 2 Legal Unit 1 gang shi

Question 1

Definition of civil law

Answer 1

defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes

Question 2

Definition of Sue

Answer 2

to take civil action against another person by making a claim that they have infringed some legal right. This term is used when the matter has proceeded to the courts/tribunal, the official term is litigation/ litigate

Question 3

Definition of Liability

Answer 3

the legal responsibility of a party for loss or harm caused to another because of a breach of civil law.

Question 4

Definition of Remedy

Answer 4

Orders made by a court or tribunal to address a civil wrong or breach, designed to restore the plaintiff back to their original position. Remedies can be in the form of damages (money) or injunctions.

Question 4

Types of Civil Law

Answer 4

Negligence
Trespass
Nuisance
Contract
Defamation

Question 5

Purposes of civil law?

Answer 5

-Provides guidelines for acceptable behaviour so that people uphold each other’s rights and social cohesion can be achieved

-provide system for parties to pursue rights protection through courts/tribunals

-provide remedy for harm/loss caused by infringement of rights

Question 6

What is the requirements for Negligence?

Answer 6

requires individuals who owe a duty of care to another person to prevent foreseeable (predictable) harm from occurring

Question 7

What are the names of the parties before and during court proceedings

Answer 7

Before:
Aggrieved/wronged party
Wrongdoer
After:
Plaintiff= person whose rights have been infringed and who sues another party in a court or tribunal
Defendant= party who is alleged to have breached a civil law and is being sued

Question 8

Definition of Breach

Answer 8

An act or omission that represents a failure to meet a legal obligation

Question 9

What is Loss?

Answer 9

Definition: A type of harm or damage suffered by a person. it can involve both economic & non- economic loss

-The plaintiff can only obtain a remedy if they can prove that they have suffered loss or harm

Question 10

Types of Loss

Answer 10

Financial- loss of wages/earning capacity/profits/medical expenses

Property Damage- Damage/destruction of house/car/clothing

Personal Injury- Cuts/bruises/broken bones

Pain & suffering- mental anguish/anxiety/depression

Loss of amenity- loss of enjoyment of life/ job satisfaction/ family life etc.

Question 11

What is causation?

Answer 11

Definition: the direct relationship between defendant’s breach and the plaintiff’s loss

• P must prove D’s breach was necessary condition of loss suffered
  -but-for test is useful to determine causation “but for the D’s breach, would have have occured?
  -after D’s breach, there may be intervening event to break chain of causation

Question 12

What is the Burden of Proof?

Answer 12

Definition: the Responsibility of proving the facts of the case

-in civil law, plaintiff has burden of proof, has to provide the evidence to establish elements of a civil wrong

Question 13

What are counter claims?

Answer 13

this a separate claim made by the defendant in response to the plaintiff’s claim, asserting that its the plaintiff at fault e.g disputed car accident (THEY ARE NOT A DEFENCE)

Question 14

What is the Standard of proof?

Answer 14

Def: The degree to which a case must be proven in court

• in civ law, plaintiff must prove wrongdoing occurred on the balance of probablities

Question 15

What is the definition and purpose of Limitation of actions?

Answer 15

The restriction on bringing a civil law claim after the allowed time

Purposes:
-ensure civil cases resolved in timely manner
-ensure evidence is readily available
-ensure defendant does not have potential case pending for unlimited amount of time

Question 16

Requirements for a class action?

Answer 16

1. seven or more people have claims against the same defendant; and
2. claims concern the same, similar or related circumstances; and
3. the claims give rise to a common issue of law or fact

Question 17

Who does vicarious liability apply to and what does it mean

Answer 17

Only employers have vicarious liability

Def: the legal responsibility of a third party for the wrongful acts of another

Question 18

What exactly is negligence and what’s its purpose

Answer 18

Negligence is a type of tort (civil wrong)

P: negligence requires individuals who owe a duty of care to another person to prevent foreseeable (predictable) harm from occurring

Question 19

what are the four elements of negligence

Answer 19

1. defendant owed plaintiff duty of care
   2.defendant breached their duty of care
   3.defendant’s breach caused harm to the plaintiff
   4.plaintiff suffered harm or loss

Question 20

What is a duty of care and when is it seen

Answer 20

DOC: obligation to be careful towards another person

-person owes doc to another if risk of harm was reasonably foreseeable
-if risk is reasonably foreseeable, ‘neighbour principle’ applies

1.settled law that a duty of care exists (doctor and patient)
2. novel situation, no settled law so DOC is arguable based on circumstances (child, old person)

Question 21

What is a breach in duty of care, and when has it occurred?

Answer 21

Breach: the doc is breached when a person fails to do what a reasonable person would have done in the same situation

a person has breached their duty if
-risk of harm was reasonably foreseeable
-risk was not insignificant
-reasonable person in same situation would have taken precautions to eliminate risk