Unit 1 AOS 3 - Civil Liability Flashcards
Define civil law
Civil law regulates disputes between individuals, groups and organisations. It enables people to enforce their rights where harm has occured.
Define civil liabilities
‘Civil liabilities’ is a term used to describe the legal responsibilities of a party (i.e. an individual, group or organisation) for any loss or harm caused to another party because of a breach of civil law.
What are the four purposes of civil law?
- achieve social cohesion
- protect the rights of individuals
- provide an avenue for people to seek compensation
- provide a means to seek compensation
What is achieving social cohesion?
Social cohesion is a society working towards the well-being and equality of all the members of a society. So, the civil law provides guidelines for acceptable behaviour, so that individuals can live together in harmony.
What is protecting the rights of individuals?
Is the right of a person to be protected from false statements that might damage their reputation, or the right to a promise made under a contract, or the right not to be hurt or harmed.
What is providing an avenue for people to seek compensation?
Civil law provides an avenue for people to seek compensation where a breach of the civil law has occurred.
What is providing a means to seek compensation
When a person’s rights have been infringed, the civil law provides a way to return the person harmed, as far as possible, to the position they were in before the harm occurred. This is done by rewarding remedies.
What is a civil remedy?
A term used to describe any order made by the court designed to address a civil wrong or breach. It provides a legal solution for the plaintiff for a breach of the civil law by the defendant and restores the plaintiff to their original position prior to the breach of their rights. The most common remedies are damages.
What are damages?
An amount of money that the court (or tribunal) orders on a party to pay another.
What are the nine main types of civil law?
- negligence
- trespass
- defamation
- nuisance laws
- wills and inheritance laws
- contract law
- family law
- employment laws
- equal opportunity and discrimination laws
What are the three tort laws?
- tort of negligence
- tort of defamation
- tort of trespass
Define and explain a breach
A breach is when the defendant breaks or in some way fail to observe and fulfil a law or observation. A breach is one of the key elements of a civil case. The plaintiff will have to prove that there has been a breach by the defendant.
Define and explain the causation
Causation means the direct relationship between one event (event 1) and another event (event 2), where event one was the reason event 2 happened, and event 2 would not have happened by itself. Causation is another key element in a civil case. The plaintiff will have to prove that the actions of the defendant caused or resulted in the harm suffered by the plaintiff and that harm would not have occurred if not for the actions of the defendant. There has to be a causal link between the actions of the defendant and the harm the plaintiff suffered.
Define and explain loss
As a general rule, the plaintiff will only be able to obtain a legal remedy, such as damages, if it can be proved that he or she suffered loss or harm, where a loss is a type of harm or damage suffered by a person and can involve both economic and non-economic loss. The loss in a civil claim can include:
- economic or financial loss
- property damage
- personal injury
- pain and suffering
- loss of amenity
Define and explain limitation of actions
For almost all civil claims, there is a time within which a wronged party must sue the wrongdoer. This is known as the limitation if actions, which means the restriction on bringing a civil claim after the allowed time. Once that time limit has passed, then the defendant will be able to raise a defence that the plaintiff is too late to obtain any form of remedy.
Define and explain the burden of proof
Refers to the responsibility of proving the facts of the case. In a civil case, the burden of proof is held by the plaintiff or the person who is bringing the action. This means that the plaintiff must present evidence to establish that the defendant is in the wrong, (so responsible for the harm or loss that has been inflicted on the plaintiff).
Define and explain the standard of proof
Refers to the degree of proof required to prove a case. In civil cases, the plaintiff must prove the case on ‘balance of probabilities,’ which is the standard of proof required. The ‘balance of probabilities’ requires the plaintiff to establish that it is more likely than not that his or her side of the story is right.
Who are the possible plaintiffs?
- the aggrieved party (the person who suffered the loss)
- other victims (the victims other than the aggrieved party)
- insurers
Who are the possible defendants?
- the wrongdoer (the person or company who caused the loss or damage to the plaintiff)
- employers
- persons involved in wrongdoing
- insurers
What are the rights protected by the tort of negligence?
The main purpose of the law of negligence is to protect the individuals right to be safe from harm, both to the person and their property. Negligence is a type of tort that involves a breach of a duty of care, causing loss or harm.
What are the four elements of the tort of negligence?
- the duty of care owed
- breach of the duty of care
- causation
- injury, loss or damage
Define the element of duty of care in relation to the tort of negligence
The plaintiff must first establish that the defendant owed him or her a duty of care. A person owes a duty of care if:
- the risk was foreseeable
- the risk was significant or not insignificant
- a reasonable person in the same situation would have acted differently
Define the element of the breach of a duty of care in relation to the tort of negligence
A breach of duty of care occurs when a person does not provide reasonable care, that is what a reasonable person would have done in the same set of circumstances.
Define the element of causation in relation to the tort of negligence
The defendant’s actions must have directly caused the plaintiffs loss or injury as a result of the breach of the duty of care. The plaintiff will not be successful in their claim if the harm was too remote from the breach or if there has been a break in the chain of causation.
