unit 2 AOS1 Flashcards
civil law
defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes
sue
to take civil action against another person by making a claim that they have infringed some legal right
liability
the legal responsibility of a party for a loss or harm caused to another because of a breach of civil law
remedies
orders made by a court to address a civil wrong to restore the plaintiff back to original position either money or injunctions
negligence
individuals who owe a duty of care to another person to prevent foreseeable harm from occurring
trespass
prevents individuals from interfering with another person, their land or goods
nuisance
ensures that individuals can enjoy public and private property without interference or annoyance
contract
ensures that people who make promises under enforceable agreements fulfil those promises or compensate the other party if they fail to comply
defamation
protects a person’s reputation from being damaged by lies that are shared by the public
purposes of civil
provide guidelines for acceptable behaviours so that people uphold each others rights and social cohesion can be achieved
provides a system for parties to pursue rights protection through courts and tribunals
provides a remedy for harm caused by an infringement of rights
Parties
BEFORE: wronged party and wrongdoer
AFTER(DURING):plaintiff and defendant
Breach
An act or omission that represents a failure to meet a legal obligation
Eg contract law : failure to fulfill a promise to plaintiff
Loss
A type of harm or damage suffered by a person. It can involve both economic and non economic loss
EG financial/ property damage/ personal injury/ pain and suffering/ loss of amenity
Causation
The direct relationship between the defendants breach and plaintiffs loss
P must prove the defendants breach was a necessary condition of the loss
But for the defendants breach would the harm have occurred
burden of proof
the obligation of a party to prove a case. it usually rests with the party who initiates the action (plaintiff)
standard of proof
the degree or extent to which a case must be proved in court.
limitations of actions
the restriction on bringing a civil law claim after the allowed time.
Plaintiff
The person who has had the rights infringed by another party and has brought the claim to court
Defendant
The persons who infringed the rights of the plaintiff
Class action
1: seven or more ppl have claims against the same defendant
2: the claims concern the same similar or related circumstances
3: the claim give rise to a common issue of law or fact
Vicarious liability
The legal responsibility of a third party for the wrongful act of another
Purpose of negligence
Negligence requires individuals who owe a duty of care to another person to prevent foreseeable harm from occurring
4 elements of negligence
- Defendant owed the plaintiff a duty of care
- Defendant breached their duty of care
- Defendant breach caused harm to the plaintiff
- Plaintiff suffered harm or loss
Lack of elements
1.no duty of care owed
2. Duty wasn’t breached
3.no loss or harm occurred or if so it was caused by other means
Voluntary negligence
Plaintiff was aware of the obvious risk
Plaintiff voluntarily chose to take the risk-consent can be expressed
Contributory negligence
Must prove the plaintiff contributed to the harmful situation or is partly to blame for the harm done
Remedies
A court order that aims to enforce a civil right eg damages and injunctions
Damages
A type of remedy in which a monetary compensation is rewarded to the plaintiff in a civil dispute to compensate for the loss of
Special damages
Compensate for loss that can be accurately be measured
General damages
Compensate for the loss which cannot be accurately measured
Aggravated damages
Awarded if defendant shows reckless disregard for the plaintiffs feelings and causes them unnecessary distress shame or humiliation
Exemplary damages
Defendants actions are particularly reprehensible, the court can make a example of them to deter others
Impact of negligence
Plaintiff: loss of life, permanent physical incapacity, serious physical injury, emotional impact
Defendant: loss of business, public humiliation, physical injury
Purpose of defamation
Defamation protects a persons reputation from being damaged by lies that are shared with the public
Statement is defamatory
Statement is defamatory if it lowers a person’s reputation in a ordinary member of the community
Eg stating plaintiff committed a crime when they found not guilty
Statement is untrue
Must demonstrate that the statement is false
The statement refers to the plaintiff
Must be referred to in the defamatory
May be defamed as a part of a group
Statement must be published
Must be communicated to a person other than the plaintiff. Can sue once a third party reads, sees or hears the defamatory material
Publication caused or is likely to cause serious harm
Plaintiffs to establish the they have suffered or may suffer serious harm as a result of a defamatory comments
