U2 AOS1 - Key Concepts of Civil Law Flashcards
1
Q
Name of parties - before court proceedings
A
- Aggrieved/wronged party (person whose rights have been infringed)
- Wrongdoer (person alleged to have infringed another person’s rights)
2
Q
Name of parties - during court proceedings
A
- Plaintiff (person whose rights have been infringed and who sues another person)
- Defendant (party who is alleged to have breached a civil law and is being sued)
3
Q
Breach
A
- An act or omission that represents a failure to meet a legal obligation
- In order to breach an obligation, you must owe some obligation
- The plaintiff, who has the burden of proof, must prove that the defendant is in breach
4
Q
Examples of breach
A
- In contract law, a breach is a failure to fulfil a promise made to the plaintiff
- In negligence law, a breach is a failure to uphold a duty of care to another person
5
Q
Loss
A
- A type of harm or damage suffered by a person that can involve both economic and non-economic loss
- The plaintiff can only obtain a remedy if they prove that they have suffered loss or harm
6
Q
Types of loss
A
- Financial = loss of wages loss of earning capacity loss of profits, medical expenses
- Property damage = damage or destruction of house, car clothing
- Personal injury = cuts, bruises, broken bones, loss of limb
- Pain and suffering = mental anguish, anxiety, depression
- Loss of amenity = loss of enjoyment of life, loss of job satisfaction, loss of family life
7
Q
Causation
A
- The direct relationship between the defendants breach and the plaintiff’s loss
- The plaintiff must prove that the defendant’s breach was a necessary condition of the loss suffered after the defendant’s breach
- There may be an intervening event or a break in the chain of causation. It may be possible for a defendant to avoid liability if they can prove their breach was not the true cause of the loss
8
Q
The ‘but for’ test
A
- Is a useful aid to determine causation
- But for the defendants breach, would the harm have occurred?
