AOS 3 Civil Liability

Question 1

accessorial liability

Answer 1

the way in which a person can be responsible for the loss or harm of another due to being directly or indirectly invovled

Question 2

civil law

Answer 2

area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates disputes

Question 3

contract law

Answer 3

area of civil law governing the validity and enforceability of agreements made between parties

Question 4

counterclaim

Answer 4

a separate claim made by the defendant in response to the plaintiffs claim

Question 5

defamation

Answer 5

type of tort that involves the action of damaging a person’s professional or personal reputation in the community through the communication of untrue information

Question 6

insurer

Answer 6

a person or company that is contracted to compensate another person in the event of damage or loss

Question 7

limitation of actions

Answer 7

the restriction on bringing a civil law claim after a certain amount of time

Question 8

negligence

Answer 8

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

Question 9

nuisance

Answer 9

type of tort that invovles interference with a person’s right to enjoy private and/or public property

Question 10

remedy

Answer 10

a legal solution for the plaintiff for the breach by the defendant to (as much as possible) restore the plaintiff to the position they were in before they were wronged

Question 11

representative proceeding

Answer 11

legal proceeding where a group of people who have a claim based on similar facts bring the case to court in the name of one person

Question 12

right of subrogation

Answer 12

the right to step into the shoes of an insured person and act on their behalf (including taking legal actions)

Question 13

trespass

Answer 13

type of tort involving the intrusion of a person’s body, property or goods without consent

Question 14

vicarious liability

Answer 14

the legal responsibility of a third party for the wrongful actions of another (eg employer’s responsibility for the employee)

Question 15

types of civil law

Answer 15

• negligence
• trespass
• defamation
• nuisance laws
• wills and inheritance laws
• contract laws
• family law
• employment laws
• equal opportunity and discrimination laws

Question 16

breach

Answer 16

the defendant in some way has failed to observe a law or obligation imposed on them

Question 17

causation

Answer 17

the defendants actions caused or resulted in the harm of the plaintiff, which would not have occurred otherwise

Question 18

types of loss

Answer 18

• economic
• property damage
• personal injury
• pain and suffering
• loss of amenity

Question 19

rights protected by neglience

Answer 19

an individual’s right to be safe from harm (the person or their property)

Question 20

rights protected by defamation

Answer 20

protecting character and reputation of individuals against attempts to discredit them

Question 21

elements required to prove liability for defamation

Answer 21

• statement is defamatory
• statement is untrue
• statement refers to the plaintiff
• the statement has been published by the defendant

Question 22

elements required to prove liability for negligence

Answer 22

• duty of care: the defendant owed a duty of care to the injured person
• breach of duty of care: defendant breached their duty
• causation: breach of duty of care caused harm to the plaintiff
• injury/loss/damage

Question 23

limitation of actions for negligence

Answer 23

6 years, 3 years if there was injury or disease

Question 24

limitation of actions for defamation

Answer 24

one year

Question 25

possible defences to defamation

Answer 25

* justification - statement is mostly true * contextual truth - defamed within the context of substantial truth * absolute privilege - statement was published in relation to parliament * publication of public documents - a fair copy/extract of a public document from authorities * fair report of proceedings of public concern - report was published for the public's information * qualified privilege - no malice in publishing the information * honest opinion * innocent dissemination - printing companies/booksellers * triviality - plaintiff is unlikely to be harmed

Question 26

possible defences to negligence

Answer 26

* contributory negligence - the plaintiff contributed to the harm caused by the defendant * volenti non fit injuria - the plaintiff accepted the dangers of an understood risk of harm

Question 27

role of statute/common law in developing the defences/elements of negligence

Answer 27

* intially established by Donoghue v Stevenson case, then developed in the courts as a common law * has been amended and adopted by parliament statutes

Question 28

role of statute/common law in developing the defences/elements of defamation

Answer 28

* developed through the courts as common law * uniform defamation legislation

Question 29

impact of defamation on parties

Answer 29

* plaintiff - loss of reputation, emotional impact, unemployment * defendant - costs, public humiliation

Question 30

impact of negligence on parties

Answer 30

* plaintiff - loss of life, injury, unemployment, mental health * defendant - public humiliation, loss of business, costs

Question 31

duty of care

Answer 31

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