U1 AOS3 - Civil law Flashcards
What is civil law (define)?
An area of law that establishes, decides and enforces the rights and responsibilities of individuals and organisations in society.
When does a breach occur?
When the defendant, in some way, failed to observe a law or obligation imposed on them.
What does causation refer to?
Whether the breach has caused loss or harm.
What is a possible defense for causation?
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).
What is loss?
The plaintiff must prove they suffered loss or harm to be able to claim a legal remedy.
What are examples of loss?
- Property damage
- personal injury
- pain and suffering
- loss of amenity (loss of enjoyment of life)
What is a breach in contract law?
- defendant has breached an agreement that was reached between plaintiff and defendant.
- defendant failed to fulfill an obligation or promise they made to plaintiff.
What is a breach in negligence?
- defendant breached duty of care to plaintif
- defendant had obligation or duty of care for plaintiff, and duty was not complied with.
What does limitation of actions refer to?
The time limit a wronged party must commence a legal claim against wrongdoer.
What does plaintiff need to consider limitation of actions before lodging a claim?
Once period has passed, defendant can say plaintiff is too late to obtain remedy.
- in some cases, period can be extended
Why does civil justice system impose limitations on claims
- Evidence is not lost (witness, documents)
- Evidence is more reliable (memory)
- Disputes are resolved quickly (promotes social cohesion)
Who has burden of proof?
Plaintiff.
When can burden of proof be reversed?
- When defendant raises a ‘counterclaim’ alleging plaintiff has also wronged them
- When defendant raises a defence (e.g truth)
What is the standard of proof in a civil case?
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.
What are the possible plaintiffs?
Aggrieved party, other victims, insurers
What is the aggrieved party?
The person who has suffered loss directly or indirectly.
What are other victims?
Victims other than aggrieved party who may have suffered loss indirectly.
Why might insurers be plaintiffs?
Insurers pay money out to plaintiffs, then undertake legal proceedings to seek compensation from defendant.
What is a representative proceeding?
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.
What are the possible defendants?
Wrongdoer, persons involved in wrongdoing (accessorial liability), employers (vicarious liability), insurers
What is the wrongdoer?
Person or organisation who caused loss or damage to plaintiff.
What is persons involved in wrongdoing (accessorial liability)?
People who aided, abetted (encouraged), induced or organised the wrongdoing.
What is vicarious liability?
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
Explain insurers as defendant.
Plaintiff may sue insurer of defendant for compensation.
