U1 AOS3 - Civil law

Question 1

What is civil law (define)?

Answer 1

An area of law that establishes, decides and enforces the rights and responsibilities of individuals and organisations in society.

Question 2

When does a breach occur?

Answer 2

When the defendant, in some way, failed to observe a law or obligation imposed on them.

Question 3

What does causation refer to?

Answer 3

Whether the breach has caused loss or harm.

Question 4

What is a possible defense for causation?

Answer 4

a ‘break’ in the chain of causation. This is when something occurs after defendant’s actions. However, this needs to be considered to actually have caused injury or loss (rather than defendant).

Question 5

What is loss?

Answer 5

The plaintiff must prove they suffered loss or harm to be able to claim a legal remedy.

Question 6

What are examples of loss?

Answer 6

• Property damage
• personal injury
• pain and suffering
• loss of amenity (loss of enjoyment of life)

Question 7

What is a breach in contract law?

Answer 7

• defendant has breached an agreement that was reached between plaintiff and defendant.
• defendant failed to fulfill an obligation or promise they made to plaintiff.

Question 8

What is a breach in negligence?

Answer 8

• defendant breached duty of care to plaintif
• defendant had obligation or duty of care for plaintiff, and duty was not complied with.

Question 9

What does limitation of actions refer to?

Answer 9

The time limit a wronged party must commence a legal claim against wrongdoer.

Question 10

What does plaintiff need to consider limitation of actions before lodging a claim?

Answer 10

Once period has passed, defendant can say plaintiff is too late to obtain remedy.
- in some cases, period can be extended

Question 11

Why does civil justice system impose limitations on claims

Answer 11

• Evidence is not lost (witness, documents)
• Evidence is more reliable (memory)
• Disputes are resolved quickly (promotes social cohesion)

Question 12

Who has burden of proof?

Answer 12

Plaintiff.

Question 13

When can burden of proof be reversed?

Answer 13

• When defendant raises a ‘counterclaim’ alleging plaintiff has also wronged them
• When defendant raises a defence (e.g truth)

Question 14

What is the standard of proof in a civil case?

Answer 14

On the balance of probabilities. You have to prove plaintiff’s versing of events is more probably or more likely to be correct/true than defendant’s.

Question 15

What are the possible plaintiffs?

Answer 15

Aggrieved party, other victims, insurers

Question 16

What is the aggrieved party?

Answer 16

The person who has suffered loss directly or indirectly.

Question 17

What are other victims?

Answer 17

Victims other than aggrieved party who may have suffered loss indirectly.

Question 18

Why might insurers be plaintiffs?

Answer 18

Insurers pay money out to plaintiffs, then undertake legal proceedings to seek compensation from defendant.

Question 19

What is a representative proceeding?

Answer 19

A class action. If group of 7 or more people have claim based on similar or related facts against same defendant, can bring claim together under one name.

Question 20

What are the possible defendants?

Answer 20

Wrongdoer, persons involved in wrongdoing (accessorial liability), employers (vicarious liability), insurers

Question 21

What is the wrongdoer?

Answer 21

Person or organisation who caused loss or damage to plaintiff.

Question 22

What is persons involved in wrongdoing (accessorial liability)?

Answer 22

People who aided, abetted (encouraged), induced or organised the wrongdoing.

Question 23

What is vicarious liability?

Answer 23

Employer or employee who is wrongdoer may be liable for actions of employee who caused harm if done so while acting in course of employment.
- because employer has duty to control activities of wrongdoer

Question 24

Explain insurers as defendant.

Answer 24

Plaintiff may sue insurer of defendant for compensation.