UNIT 2 AOS 1civil liability Flashcards
civil law
an area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private dispute.
civil liability
the legal responsibility of a party for loss or harm caused to another party because of a breach of civil law.
remedy
any order made by a court designed to adress a civil wrong or a breach. a remedy should provide a legal solution for the plaintiff for a breach of the civil law by the defendant.
damages
an amount of money that one party is ordered to pay to another party for loss or harm suffered. It is the most common remedy in a civil claim.
plaintiff
the party who makes a legal claim against another party in court
contract law
covers the validity of contracts and the rights available to a person if a valid contract is breached.
negligence
occurs when someone owes a duty of care to another person and breaches that duty, causing harm or loss to another person.
Will and inheritance
regulates wills, including when they are valid.
nuisance
deals with the inability to use and enjoy property due to interference
deformation
relates to the publication of materials which causes damage to another person
trespass
occurs when someone interferes with another person, their land or their goods, and damage occurs.
defendant
a party who is alleged to have breached a civil law and who is being sued by a plaintiff
sue
to take civil action against another person, claiming that the infringed some legal right of the plaintiff.
breach
the breaking of or failure to fulfil or comply with a duty or obligation.
causation
the direct relationship between 1 event and another, where event 1 was the reason that event 2 happened, and event 2 would not have happened by itself without event 1.
appeal
an application to have a higher court review a ruling.
loss
a type of harm or damage suffered by a person. It can involve both economic and non-economic loss.
limitation of actions
the restriction on bringing a civil law claim after the allowed time.
burden of proof
the obligation of a party to prove a case. The burden of proof usually rests with the party who initiates the action
counterclaim
a separate claim made by the defendant in response to the plaintiff’s claim
standard of proof in civil law
the degree or extent to which a case must be proved in courtThe standard of proof is the extent to which a case must be proven. In a civil case the standard of proof is on the balance of probabilities. This means that the plaintiff must prove that they are most likely to be in the right, and the defendant is more likely to be in the wrong.
balance of probabilities
the standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable than not that their claim is true.
Representative proceeding
A class action (also known as a “representative proceeding”) is a legal procedure that enables the claims of a number of persons against the same defendant or defendants to be determined in one proceeding.
lead plaintiff
the person who brings the class action
right of subrogation
Subrogation in insurance is a legal right of the insurance company to legally pursue a third party responsible for the damages/insurance loss caused to the insured.
vicarious liability
the legal responsibility of a third party for the wrongful actions of another
accessorial liability
the responsibility imposed on one person for the wrongdoing of another where there is a connection of the wrongdoing e.g. where the first person encouraged the other person to cause harm.
Negligence
a type of tort law that involves a breach of a duty of care,causing loss or harm
damages
an amount of money that one party is ordered to pay to another party for loss or harm suffered. Most common remedy in a civil claim.
duty of care
the legal obligation to be cautious and careful, keeping other people in mind when doing anything that could harm them.
standard of care
a person with a duty of care is expected to exercise the standard of care that a reasonable person would in the same position in possession of the same facts.
breach
the breaking of or failure to fulfil or comply with a duty or obligation
Causation
the direct relationship between 1 event and another event where event 1 was the reason event 2 happened, and event 2 wouldn’t have happened by itself without event 1.
Contributory negligence
a defence that can be used by a defendant who alleges that the plaintiff contributed to the harm caused by the defendant. If proven, this reduces the damages the defendant has to pay.
Volenti non fit injuria
“to a willing person, injury is not done” Refers to a defence in which the defendant claims that the plaintiff accepted the dangers of a known and understood risk, either expressly or by implication.
Neighbour principle
where an established duty of care does not already exist, we owe a duty of care not to injure persons whom it can be reasonably foreseen would be affected by our acts or omissions.
counterclaim
a separate claim made by the defendant in response to the plaintiffs claim [usually heard at the same time by the court]
purposes of civil law
- Achieve social cohesion: civil law provides guidelines for acceptable behaviour, so that people can live together in harmony. If these laws did not exist, some individuals might exploit the rights of others.
- Provide a means to seek compensation: when a person’s right have been infringed, civil law provides a way to return the harmed person, as far as possible, to the position they were in before the harm occurred, through the awarding of remedies
3 types of losses
- economic or financial loss
- property damage
-personal injury
possible defendants
wrongdoer
- person or company that has directly caused the loss or damage.
Employers
- Through vicarious liability, the employer has a right, ability and duty to control the activities of its employees
persons involved in the wrongdoing
- may have abetted the wrongdoing
Insurers
- plaintiff may sue the insurer of the person who has caused loss or damage.
elements of negligence
- duty of care
- breach of a duty of care
- causation
- injury, loss or damages
limitation of actions time frame for general negligence claims
6 years
limitation of actions time frame for negligence claims involving the plaintiff contracting a disease or disorder
3 years
negligence claims where plaintiff died or suffered personal injury
3- 12 years
define the aggrieved party
the person whose rights have been infringed and who has suffered directly due to loss.
define other victims
person indirectly suffered loss or damages as a result of actions against another party.
accessorial liability
responsibility imposed on one person for the wrongdoing of another, where there is a connection to the wrongdoing.
distinguish between two defences of negligence
contributory negligence argues that the plaintiffs had a role in contributing to the harmful situation
or is partially to blame for the harm done. Whereas, voluntary assumption of risk refers to the plaintiff being aware of an obvious risk and that the plaintiff voultarily chose to take teh risk. the point of difference is that contributory negligence suggests the plaintiff was partly responsable for the harm they squandered during the act, whilst assumption of risk suggests the plaintiff knew the potenital risks prior to the event.
Voluntary Assumption of risk
voluntary assumption of risk refers to the plaintiff being aware of an obvious risk and that the plaintiff voluntarily chose to take the risk.
what is the purpose of the tort law negligence
- protects an individual’s right to be safe from harm.
- Protects people from wrongful conduct by others, particularly where a person acts recklessly.
-Allows people to seek compensation against those who have acted contrary to those laws.
the element causation of negligence
the breach of duty of care caused the harm to the plaintiff.
possible imapct on the plaintiff - negligence
loss of life
permanent physical incapacity
emotional impact of the breach
unemployment
possible impact on the defendant -negligence
loss of business
public humiliation
physical injury
costs
difference between the standard of proof and the balance of probalities.
The standard of proof in a civil case is lower than in criminal law because it focuses on who is must likely liable, whereas in criminal law there should be no fanciful/unreasonable doubt about the guilt of the accused.
