U2 AOS 1 Civil liability 2024

Question 1

What is civil law?

Answer 1

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.

Question 2

What is a remedy in civil law?

Answer 2

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.

Question 3

What are the primary purposes of civil law?

Answer 3

To uphold the rights of individuals, restore the individual who suffered a loss to their original position prior to the loss.

Question 4

What are the types of civil law?

Answer 4

Negligence and Defamation

Question 5

What is breach in civil law?

Answer 5

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

Question 6

What is causation in civil law?

Answer 6

The relationship between an event or action and a resulting event.

Question 7

What is loss in civil law?

Answer 7

A disadvantage experienced by a party due to an action or the inaction of another party.

Question 8

What is limitation of actions?

Answer 8

A restriction on the time limit which a plaintiff must commence a civil action in court.

Question 9

What is the burden of proof in civil cases?

Answer 9

The responsibility of a party to prove the facts of the case, typically resting with the plaintiff.

Question 10

What is the standard of proof in civil trials?

Answer 10

The degree to which the facts of a case must be proven, which is on the balance of probabilities.

Question 11

Who is a plaintiff?

Answer 11

The party that initiates a civil claim against another person, the defendant, in court.

Question 12

Who is a defendant?

Answer 12

The party that is defending themselves against a claim by the plaintiff, for an alleged breach of civil law.

Question 13

What is negligence?

Answer 13

Failure to behave with a sufficient level of care that any reasonable person would to prevent a loss or injury to another.

Question 14

What are the elements of negligence?

Answer 14

Duty of care, breach of duty of care, causation, and remoteness of damage.

Question 15

What is duty of care?

Answer 15

A duty of care is a legal obligation to act reasonably to prevent harm to others..

Question 16

What is contributory negligence?

Answer 16

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.

Question 17

What is voluntary assumption of risk?

Answer 17

A defence in which it is claimed the plaintiff willingly accepted the likelihood of risk when participating in an act.

Question 18

What are possible remedies in negligence cases?

Answer 18

Damages, which are an award of monetary compensation to the plaintiff, paid by the defendant.

Question 19

What is the impact of negligence on the plaintiff?

Answer 19

Physical injuries, psychological impact, and financial impact.

Question 20

What are the rights protected by the law in civil liability?

Answer 20

The rights protected by the law include safeguarding individuals from unjust harm and ensuring accountability for breaches of duty.

Question 21

What elements are required to establish liability in civil law?

Answer 21

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.

Question 22

What is the limitation of actions in defamation cases?

Answer 22

A claim of defamation must be brought within one year of the date of publication, extendable to three years under certain circumstances.

Question 23

What are possible defences in defamation cases?

Answer 23

Possible defences include justification, contextual truth, honest opinion, absolute privilege, and qualified privilege.

Question 24

What are possible remedies for defamation?

Answer 24

Possible remedies include compensatory damages, specific damages, general damages, aggravated damages, and injunctions.

Question 25

What is the impact of negligence on the plaintiff?

Answer 25

The impact includes physical injuries, psychological impact, and financial impact such as medical bills and loss of income.

Question 26

What is the impact of negligence on the defendant?

Answer 26

The impact includes reputational damage, financial impact from paying damages, cultural changes in the industry, and potential third-party claims.

Question 27

What is defamation?

Answer 27

Defamation is an area of civil law that aims to protect a plaintiff from having their reputation unfairly damaged by false information.

Question 28

What is the significance of the Defamation Act 2005 (Vic)?

Answer 28

The Act prohibits certain corporations from commencing an action in defamation, balancing reputation protection with freedom of speech.

Question 29

What must be proven for a matter to be considered defamatory?

Answer 29

The matter must be shown to lower the plaintiff’s reputation as inferred by an ordinary or reasonable person.

Question 30

What is the defence of justification in defamation?

Answer 30

Justification is a defence that asserts the matter is true, even if it contains minor errors that do not alter its overall meaning.

Question 31

What is the defence of honest opinion in defamation?

Answer 31

Honest opinion protects statements of opinion honestly held by the defendant, related to public interest and based on proper material.

Question 32

What are compensatory damages in defamation cases?

Answer 32

Compensatory damages include specific damages for lost income, general damages for pain and suffering, and aggravated damages for humiliation.

Question 33

What is the emotional impact of defamation on the plaintiff?

Answer 33

The emotional impact may include significant humiliation and shame.

Question 34

What is the financial impact of defamation on the defendant?

Answer 34

The defendant may incur costs from paying damages to the plaintiff and covering their own legal expenses.