Unit 2 AOS 1

Question 1

What are the purposes of civil law?

Answer 1

• restore plaintiff
• maintain social cohesion
• provide a means of rights protection and seeking compensation for individuals

Question 2

Types of civil law

Answer 2

• trespass
• nuisance
• negligence
• defamation

Question 3

What are the key concepts of civil law?

Answer 3

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

Question 4

What rights are protected by negligence law?

Answer 4

• right to be safe from harm
• right to be protected from wrongful conduct by others
• right to expect that those who owe a duty of care will uphold that duty
• right to seek compensation against those who’ve acted negligently

Question 5

What are the elements of negligence?

Answer 5

• duty of care
• breach of duty of care
• causation
• remoteness

Question 6

What is the limitation of actions in negligence claims?

Answer 6

Stated in s.5 of the Limitations of Actions Act 1958 (Vic)
- personal injury: 3 years
- property damage or economic loss: 6 years

Question 7

What are the defences to negligence?

Answer 7

• absence of an element
• contributory negligence
  a, plaintiff behaved negligently
  b, plaintiff’s negligence contributed to harm suffered
• voluntary assumption of risk
  a, had full knowledge of the risk
  b, appreciated and understood the risk
  c, freely and voluntarily agreed to incur the risk of injury

Question 8

What are the impacts of negligence on the plaintiff?

Answer 8

• physical injury
• loss of wages or earning ability
• loss of quality of life
• financial loss

Question 9

What are the impacts of negligence on the defendant?

Answer 9

• public humiliation
• loss of business due damaged reputation
• legal costs