Unit 2 AOS 1

Question 1

Purposes of civil law

Answer 1

-provide guidelines for acceptable behaviour
-protect the right of individuals
-provide an avenue for people to seek compensation
-remedy the harm that has been suffered

Question 2

Types of civil law

Answer 2

-negligence
-trespass
-defamation
-nuisance
-contract law
-wills and inheritance
-employment
-equal opportunity and discrimination

Question 3

Key concepts of civil law

Answer 3

-breach
-causation
-loss
-limitation of actions
-burden of proof
-standard of proof

Question 4

What is the standard of proof in a civil case

Answer 4

A certain degree or extent which a case must be proved
Standard of proof in a civil case is balance of probabilities - the plaintiff has to prove they are most likely in the right and the defendant is most likely in the wrong

Question 5

What is limitation of actions

Answer 5

The period of time which a wronged party can sue the wrongdoer

Question 6

Possible plaintiffs

Answer 6

The aggrieved party (person who has suffered loss) or other victims

Question 7

Possible defendants

Answer 7

Wrongdoer, employers, and persons involved in the wrongdoing

Question 8

Rights protected by negligence

Answer 8

The right for individuals and their property to not be harmed

Question 9

Elements required to prove negligence

Answer 9

1.duty of care- must prove there was a duty of care
2.breach of duty of care
3.causation- defendant caused the harm
4.injury, loss, or damage- injury loss or damage was the result of the defendants actions

Question 10

Limitation of actions for negligence

Answer 10

General negligence - 6 years
Negligence claims where the plaintiff contracted disease or disorder - 3years
Negligence claims where plain died or suffers personal injury- either 3 or 12 years

Question 11

Defences to negligence

Answer 11

Contributory negligence- plaintiff also contributed to the harm (eg. Plaintiff was intoxicated)
Assumption of risk- voluntary acceptance of the risk of injury

Question 12

Possible remedies

Answer 12

Special damages- can be measured in money (eg. Loss of wages)
General damages- cant be measured in money (eg., loss of enjoyment of life)
Aggravated damages- awarded if defendant shows reckless disregard for plaintiffs feelings

Question 13

Impacts on the defendant and plaintiff (negligence)

Answer 13

Impacts on defendant :
-loss of business
-physical injury
-public humiliation
-costs
-need to sell assets

Impacts on plaintiff:
-loss of life
-loss of enjoyment of life
-serious physical injury
-effect on mental health
-unemployment

Question 14

Legislation for negligence

Answer 14

The wrong act 1958 (vic) is now the main piece of legislation that deals with negligence claims in Victoria

Question 15

Define breach

Answer 15

Breach refers to an action made by the defendant that fails to meet their duty of care to the plaintiff

Question 16

Define causation

Answer 16

The harm was caused by a breach of duty of care, and the harm wouldn’t have occurred if the duty of care hadn’t been breached

Question 17

Equal opportunity and discrimination

Answer 17

Aims to protect individuals from bias prejudice or vilification based on a personal attribute (race, gender ect)

Question 18

Nuisance

Answer 18

Relates to an individuals right to use and enjoy both public and private property. May be made by someone who in unable to enjoy their home because of some sort of interference

Question 19

Trespass

Answer 19

Occurs when someone interferes with another person, their land or their goods and that interference causes damage

Question 20

Contract law

Answer 20

Cover the validity of contracts and the right available to a person if a valid contract has been breached