UNIT 2 AOS 1civil liability

Question 1

civil law

Answer 1

an area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private dispute.

Question 2

civil liability

Answer 2

the legal responsibility of a party for loss or harm caused to another party because of a breach of civil law.

Question 3

remedy

Answer 3

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.

Question 4

damages

Answer 4

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.

Question 5

plaintiff

Answer 5

the party who makes a legal claim against another party in court

Question 6

contract law

Answer 6

covers the validity of contracts and the rights available to a person if a valid contract is breached.

Question 7

negligence

Answer 7

occurs when someone owes a duty of care to another person and breaches that duty, causing harm or loss to another person.

Question 8

Will and inheritance

Answer 8

regulates wills, including when they are valid.

Question 9

nuisance

Answer 9

deals with the inability to use and enjoy property due to interference

Question 10

deformation

Answer 10

relates to the publication of materials which causes damage to another person

Question 11

trespass

Answer 11

occurs when someone interferes with another person, their land or their goods, and damage occurs.

Question 12

defendant

Answer 12

a party who is alleged to have breached a civil law and who is being sued by a plaintiff

Question 13

sue

Answer 13

to take civil action against another person, claiming that the infringed some legal right of the plaintiff.

Question 14

breach

Answer 14

the breaking of or failure to fulfil or comply with a duty or obligation.

Question 15

causation

Answer 15

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.

Question 16

appeal

Answer 16

an application to have a higher court review a ruling.

Question 17

loss

Answer 17

a type of harm or damage suffered by a person. It can involve both economic and non-economic loss.

Question 18

limitation of actions

Answer 18

the restriction on bringing a civil law claim after the allowed time.

Question 19

burden of proof

Answer 19

the obligation of a party to prove a case. The burden of proof usually rests with the party who initiates the action

Question 20

counterclaim

Answer 20

a separate claim made by the defendant in response to the plaintiff’s claim

Question 21

standard of proof in civil law

Answer 21

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.

Question 22

balance of probabilities

Answer 22

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.

Question 23

Representative proceeding

Answer 23

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.

Question 24

lead plaintiff

Answer 24

the person who brings the class action

Question 25

right of subrogation

Answer 25

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.

Question 26

vicarious liability

Answer 26

the legal responsibility of a third party for the wrongful actions of another

Question 27

accessorial liability

Answer 27

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.

Question 28

Negligence

Answer 28

a type of tort law that involves a breach of a duty of care,causing loss or harm

Question 29

damages

Answer 29

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.

Question 30

duty of care

Answer 30

the legal obligation to be cautious and careful, keeping other people in mind when doing anything that could harm them.

Question 31

standard of care

Answer 31

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.

Question 32

breach

Answer 32

the breaking of or failure to fulfil or comply with a duty or obligation

Question 33

Causation

Answer 33

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.

Question 34

Contributory negligence

Answer 34

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.

Question 35

Volenti non fit injuria

Answer 35

“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.

Question 36

Neighbour principle

Answer 36

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.

Question 37

counterclaim

Answer 37

a separate claim made by the defendant in response to the plaintiffs claim [usually heard at the same time by the court]

Question 38

purposes of civil law

Answer 38

• 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

Question 39

3 types of losses

Answer 39

• economic or financial loss
• property damage
  -personal injury

Question 40

possible defendants

Answer 40

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.

Question 41

elements of negligence

Answer 41

1. duty of care
2. breach of a duty of care
3. causation
4. injury, loss or damages

Question 42

limitation of actions time frame for general negligence claims

Answer 42

6 years

Question 43

limitation of actions time frame for negligence claims involving the plaintiff contracting a disease or disorder

Answer 43

3 years

Question 44

negligence claims where plaintiff died or suffered personal injury

Answer 44

3- 12 years

Question 45

define the aggrieved party

Answer 45

the person whose rights have been infringed and who has suffered directly due to loss.

Question 46

define other victims

Answer 46

person indirectly suffered loss or damages as a result of actions against another party.

Question 47

accessorial liability

Answer 47

responsibility imposed on one person for the wrongdoing of another, where there is a connection to the wrongdoing.

Question 48

distinguish between two defences of negligence

Answer 48

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.

Question 49

Voluntary Assumption of risk

Answer 49

voluntary assumption of risk refers to the plaintiff being aware of an obvious risk and that the plaintiff voluntarily chose to take the risk.

Question 50

what is the purpose of the tort law negligence

Answer 50

• 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.

Question 51

the element causation of negligence

Answer 51

the breach of duty of care caused the harm to the plaintiff.

Question 52

possible imapct on the plaintiff - negligence

Answer 52

loss of life
permanent physical incapacity
emotional impact of the breach
unemployment

Question 53

possible impact on the defendant -negligence

Answer 53

loss of business
public humiliation
physical injury
costs

Question 54

difference between the standard of proof and the balance of probalities.

Answer 54

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.