3.2.2 Factors to consider when initiating a civil claim Flashcards
what are three risks of bringing a civil action
- not guaranteed to be successful and may just increase legal fees and expenses.
- it can be time consuming and stressfull
-it might lead to negative publicity
the three
factors that should be considered are…
- costs
-limitations
-enforcement issues
define costs as a factor to be considered when initiating a claim
Costs the amount of money,
including court fees and fees for legal
representation, that has to be paid
to resolve a legal dispute.
2 examples of costs fees
- court fees
-mediation fees
define limitation of actions
Limitation of actions a restriction
on the time limit in which a plaintiff
must commence a civil action in court,
after which the plaintiff is unable
to bring an action relating to the
civil wrong against the defendant.
what’s 3 rationale for the limitation of actions
- defendant is not subject to face an action after significant amount of time
-evidence is not lost and people can still remember what happened
-disputes can be resolved as quickly as possible, promoting social cohesion
whats the limitation of actions for
deformation
tort law
breach of contract law
d - 1 year
t - 3 yeares
b - 6 years
define enforcement issues as a factor to be considered
Enforcement issues a problem a
plaintiff may need to consider regarding
the capacity of a defendant to fulfil
their legal obligation to compensate
the plaintiff.
due to enforcement issues a plaintiff should consider if the defendant is …
*
if the defendant is bankrupt or an unemployed individual
*
if the defendant is a company, it may not have any assets with which
to pay damages to a successful plaintiff
*
if the defendant is in prison or overseas, it may be difficult to enforce
the payment
*
if the defendant cannot be identified or is unknown.
