Unit 2 outcome 1 civil law assessment task

Question 1

Purposes of civil law

Answer 1

Protect individuals rights

Restore individual to position in prior to infringement of rights

Resolve dispute between parties

Question 2

what is contract law

Answer 2

An area of civil law dealing with legally-binding agreements between parties

Question 3

Tort law

Answer 3

An area of civil law dealing with civil wrongs, such as negligence and defamation

Question 4

explain breach and example

Answer 4

failure to fulfil ones duty, responsibilities, obligations
e.g A school does not fulfil its duty to adequately supervise grounds

Question 6

causation

Answer 6

a direct link between breach and loss; no intervening act

Question 7

loss

Answer 7

damage; injury; suffering as a result of breach

Question 8

limitation of actions

Answer 8

the limitation of actions act 1958 outlines time frames within which civil action is to be launched

Question 9

burden of proof

Answer 9

responsibility of proving wrong doing/ liability of defendant rests with plaintiff, ensures fairness; only fair that initiating party proves case

Question 10

standard of proof

Answer 10

extent to which plaintiff must prove wrong doing/liability if defendant; on balance of probalities (more likely than not that rights infringed)

Question 11

what is aggrieved party

Answer 11

party directly affected by infringement

Question 12

other affected parties

Answer 12

Parties not directly affected but still suffered as a result of action, such as family member

Question 13

define class action

Answer 13

multiple infringed parties (7+); common defendant

Question 14

wrong doer

Answer 14

Indvidual or party which breached rights

Question 15

Vicarious liability/responsibility

Answer 15

another party deemed partly responsible for wrong doing
e.g boss of trucking company