UNIT 2 Flashcards
Civil liability
legal responsibility of a party for harm caused to another party.
What does civil law do?
provide guidelines, protect rights, help to seek compensation, remedy harm suffered.
Types of civil law
Negligence, trespass, defamation, nuisance.
Definition of a remedy
Legal solution where the party who has suffered harm can seek compensation.
Negligence
Breach of a duty of care.
Wills
Carry out last wishes of the deceased.
Nuisance laws
Enjoy their land without interference.
Defamation
Communication of false statements about an individual, which harms reputation.
Contract law
Stick to promises made in contract.
Key concepts of civil law
Breach, causation, loss, limitation of actions.
Plaintiff
The ‘been wronged’ party, bring the case against the defendant.
Defendant
The party IN wrong, case is brought before them.
Breach
A party failing to perform a duty imposed by the law.
Causation
Relationship between defendant’s actions + the plaintiff suffering.
Loss
Damage from the act of defendant.
Types of loss
Financial, property, personal, pain, amenity.
Balance of probabilities
must prove plaintiff is most likely right, defendant is wrong.
Intervening event
When something occurs after the defendants actions, which was the cause for injury, etc.
Property damage
Harm though damage of owned goods.
Class action
(AKA: representative proceeding)
Aggrieved party
Those whose rights have been infringed.
Wrongdoer
Person who has caused the loss/damage to plaintiff.
Accessorial liability
Responsibility imposed on one person for wrongdoing of another. (E.g. person encourages other to cause harm).
Vicarious liability
Responsibility of a third party for wrongful acts of another (E.g. employer liable for their employees actions).
Tort Law
Civil wrong committed against another person, return person to position they were in before the wrong occurred.
Tort law consists of
Defamation, negligence, trespass, nuisance.
Impacts of breach on plaintiff
Loss of life, physical injury, loss of wages.
Impacts of breach on defendant
Loss of business, public humiliation, physical injury.
Elements of negligence
Duty of care, breach, causation, injury, loss or damage.
Elements of nuisance
Plaintiff has property over land, plaintiff has suffered damage.
Defence to nuisance
Statutory authorization, consent, reasonable use.
Types of damage
Special damages (monetary terms), general damages (cannot be accurately determined in money), aggravated damages (if defendant shows reckless disregard for plaintiff).
Injunction
order requiring defendant to do or not do something.
Impact of nuisance breach for plaintiff
Affects mental health, quality of life, costs.
Impact of nuisance breach for defendant
Inconvenience, costs, business failure.
Elements of defamatory liability
Statement is defamatory, untrue, published BY defendant, refers TO plaintiff, caused harm.
Impact of defamation breach for plaintiff
Reputation loss, emotional impact, loss of wages, unemployment.
Impact of defamation breach for defendant
Costs, need to sell assets, public humiliation.
Primary purpose of civil law
Restore an individual to their original position after suffering harm.
Limitation of actions
Restriction on the time limit a plaintiff must commence a civil action in court.
Burden of Proof
The responsibility of a party to prove the facts of a case.
Standard of Proof
Degree in which the facts of the case must be proven in court.
