U2 AOS 1 Civil liability 2024 Flashcards
What is civil law?
An area of law that defines the rights and responsibilities of individuals, government entities, and organisations, and provides a legal framework for when these parties interact with each other.
What is a remedy in civil law?
A court order that aims to enforce a right by preventing a civil breach, or correct a civil breach and return the plaintiff to the position they were in prior to the breach by the defendant.
What are the primary purposes of civil law?
To uphold the rights of individuals, restore the individual who suffered a loss to their original position prior to the loss.
What are the types of civil law?
Negligence and Defamation
What is breach in civil law?
An act or omission that represents a failure to meet a legal obligation.
What is causation in civil law?
The relationship between an event or action and a resulting event.
What is loss in civil law?
A disadvantage experienced by a party due to an action or the inaction of another party.
What is limitation of actions?
A restriction on the time limit which a plaintiff must commence a civil action in court.
What is the burden of proof in civil cases?
The responsibility of a party to prove the facts of the case, typically resting with the plaintiff.
What is the standard of proof in civil trials?
The degree to which the facts of a case must be proven, which is on the balance of probabilities.
Who is a plaintiff?
The party that initiates a civil claim against another person, the defendant, in court.
Who is a defendant?
The party that is defending themselves against a claim by the plaintiff, for an alleged breach of civil law.
What is negligence?
Failure to behave with a sufficient level of care that any reasonable person would to prevent a loss or injury to another.
What are the elements of negligence?
Duty of care, breach of duty of care, causation, and remoteness of damage.
What is duty of care?
A duty of care is a legal obligation to act reasonably to prevent harm to others..
What is contributory negligence?
A defence whereby the defendant attempts to prove the plaintiff also contributed to their own loss of damage by failing to take reasonable care of themselves.
What is voluntary assumption of risk?
A defence in which it is claimed the plaintiff willingly accepted the likelihood of risk when participating in an act.
What are possible remedies in negligence cases?
Damages, which are an award of monetary compensation to the plaintiff, paid by the defendant.
What is the impact of negligence on the plaintiff?
Physical injuries, psychological impact, and financial impact.
What are the rights protected by the law in civil liability?
The rights protected by the law include safeguarding individuals from unjust harm and ensuring accountability for breaches of duty.
What elements are required to establish liability in civil law?
The elements required to establish liability include proving the matter is defamatory, false, about the plaintiff, published to a third party, and has caused serious harm.
What is the limitation of actions in defamation cases?
A claim of defamation must be brought within one year of the date of publication, extendable to three years under certain circumstances.
What are possible defences in defamation cases?
Possible defences include justification, contextual truth, honest opinion, absolute privilege, and qualified privilege.
What are possible remedies for defamation?
Possible remedies include compensatory damages, specific damages, general damages, aggravated damages, and injunctions.
What is the impact of negligence on the plaintiff?
The impact includes physical injuries, psychological impact, and financial impact such as medical bills and loss of income.
What is the impact of negligence on the defendant?
The impact includes reputational damage, financial impact from paying damages, cultural changes in the industry, and potential third-party claims.
What is defamation?
Defamation is an area of civil law that aims to protect a plaintiff from having their reputation unfairly damaged by false information.
What is the significance of the Defamation Act 2005 (Vic)?
The Act prohibits certain corporations from commencing an action in defamation, balancing reputation protection with freedom of speech.
What must be proven for a matter to be considered defamatory?
The matter must be shown to lower the plaintiff’s reputation as inferred by an ordinary or reasonable person.
What is the defence of justification in defamation?
Justification is a defence that asserts the matter is true, even if it contains minor errors that do not alter its overall meaning.
What is the defence of honest opinion in defamation?
Honest opinion protects statements of opinion honestly held by the defendant, related to public interest and based on proper material.
What are compensatory damages in defamation cases?
Compensatory damages include specific damages for lost income, general damages for pain and suffering, and aggravated damages for humiliation.
What is the emotional impact of defamation on the plaintiff?
The emotional impact may include significant humiliation and shame.
What is the financial impact of defamation on the defendant?
The defendant may incur costs from paying damages to the plaintiff and covering their own legal expenses.
