L1 Purposes and Types of Civil Law

Question 1

Civil Law

Answer 1

An area of law that aims to protect individuals, businesses, and organizations by providing them with the legal framework to seek a remedy when their rights have been breached by another party.

Question 2

Sue

Answer 2

To take civil action against another person by making a claim that they have infringed some legal right.

Question 3

Liability

Answer 3

The legal responsibility of a party for the loss or harm caused to another because of a breach of civil law. E.g. An individual is liable for negligence

Question 4

Remedy

Answer 4

Orders made by a court or tribunal to address a civil wrong or breach - designed to restore the plaintiff back to their original position. Remedies can be in the form of damages (money) or injunctions. E.g. The County Court awarded an individual monetary compensation for their injuries.

Question 5

Negligence

Answer 5

Requires individuals who owe a duty of care to another person to prevent foreseeable harm form occurring. The individual right being protected is the right to not being harmed. E.g. A teacher owes a duty of care to their students.

Question 6

Trespass

Answer 6

Prevents individuals from interfering with another person, their property, their land, or their goods. This protects the right to enjoyment. E.g. Destroying another person’s laptop.

Question 7

Nuisance

Answer 7

Ensures that individuals can enjoy public and private property without interference or annoyance. The right being protected is the right to enjoyment without interference or annoyance. E.g. A house has frequent and extremely loud house parties every weekend which disrupts their neighbors.

Question 8

Contract

Answer 8

Ensures that people who make promises under enforceable agreements fulfill those promises or compensate the other party if they fail to comply. E.g. Agreeing to a terms of service.

Question 9

Defamation

Answer 9

Protects a person’s reputation from being damaged by lies that are shared with the public. E.g. publishing an article in a newspaper labelling someone as a war criminal.

Question 10

Purposes of Civil Law 1

Answer 10

Provide guidelines for acceptable behaviour so that people uphold each other’s rights and social cohesion can be achieved. E.g. negligence outlines situations where a duty of care exist meaning the right to not be harmed is protected.

Question 11

Purposes of Civil Law 2

Answer 11

Provide a system for parties to pursue rights protection through courts and tribunals. E.g. courts, tribunals, complaints bodies, ombudsman

Question 12

Purpose of Civil Law 3

Answer 12

Provide a remedy for harm or loss caused by an infringement of rights. E.g. Damages = amount of money to compensate for loss or harm / Injunctions = court order mandating or restricting an action.