AOS3 Flashcards
(29 cards)
purposes of civil law
protect rights of individuals, achieving social cohesion, ensure people have the opportunity to resolve disputes, provide mechanism to seek compensation
types of civil law
negligence, trespass, defamation, nuisance, contract law, wills and inheritance laws, family law, employment Law, anti discrimination laws
key concepts of civil law
breach, causation, loss, limitations of actions, burden of proof, standard of proof
define breach
the plaintiff has to prove that the defendant breached an agreement or breached a duty of care
define causation
the plaintiff needs to prove that this breach resulted in harm to the plaintiff. there needs to be a link between the defendants breach and the plaintiffs harm. if there was an intervening event, the defendant will not be liable
define loss
financial loss, property damage, personal injury, pain and suffering
define limitations of actions
6 years
burden of proof
the responsibility of proving the facts lies with the plaintiff
standard of proof
the degree to which a civil case must be proven is the balance of probabilities, meaning the plaintiff is more than likely to be right
define civil law
aims to protect the rights of individuals. the person who’s rights have been infringed can seek compensation to address the issue.
define tort law
a civil wrong that one person commits against another. the main aim is to restore the wronged person to their pre wronged position. this is items achieved by the remedy of damages
identify the main torts
negligence, defamation and nuisance
define negligence
negligence relates to owing other people a duty to take care to avoid causing them harm. the law of negligence allows parties to seek compensation for those who don’t take such reasonable steps
rights protected by the law -negligence
the law of negligence protects an individuals right to be safe from harm
possible plaintiffs
aggrieved party, other victims, insurer
define aggrieved party
the person/ people whose rights have been infringed and who have suffered loss
define other victims
could include family or friends who suffered due to harm caused to aggrieved party
define insurer as possible plaintiff
insurance companies who have made a payment to a client can try to recover this payment back
possible defendants
wrongdoer, employer, insurers, others involved in the wrongdoing
define wrongdoer
those that directly caused harm to the plaintiff
define employer
if the employee was acting in the course of their employment when the wrong occurred, the employer can be sued
define others involved in the wrongdoing
those who encouraged, planned, organised or were indirectly involved
define insurer as possible defendant
the plaintiff can sue the insurer of the person who caused the loss
possible impacts of negligence (plaintiff)
loss of life, serious physical injury, emotional impact, poor mental health, loss of employment
