L1: Purposes and types of civil law

Question 1

What is civil law?

Answer 1

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

Question 2

Key terms in civil law?

Answer 2

Sue, liability, remedy

Question 3

Sue?

Answer 3

To take civil action against another person by making a claim that they have infringed some legal right. Eg suing another for breaking a contract

Question 4

Liability?

Answer 4

The legal responsibility of a party for loss or harm caused to another because of a breach of civil law. Eg how liable another is of the breach

Question 5

Remedy?

Answer 5

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. Eg damages could compensate for time off work

Question 6

Types of civil law?

Answer 6

1.Negligence
2.Trespass
3.Nuisance
4.Contract
5.Defamation

Question 7

Negligence?

Answer 7

Requires individuals who owe a duty of care to another person to prevent foreseeable harm from occurring. This protects the right to not be harmed. Eg A teacher owes students a duty of care on yard duty, and if they don’t attend, it is reasonably foreseeable that a student could be injured

Question 8

Trespass?

Answer 8

Prevents individuals from interfering with another person, their land or goods. This protects the right to no damage done to a persons ownership. Eg destroying a persons laptop could give rise to a claim for trespass to goods

Question 9

Nuisance?

Answer 9

Ensures that individuals can enjoy public and private property without interference or annoyance. This protects the right to a harmonious living situation/ leisure. Eg a person breeds cats in their home and this produces a pungent odour which prevents the neighbours from entertaining in their yard

Question 10

Contract?

Answer 10

Ensures that people who make promises under enforceable agreements fulfill those promises or compensate the other party if they fail to comply. This protects their right to a contract being followed. Eg when a person creates an account on social media, they agree to a Terms Of Service

Question 11

Defamation?

Answer 11

Protects a person’s reputation from being damaged by lies that are shared with the public. This protects the right to privacy and reputation. Eg publishing in the newspaper that someone is a “war criminal”

Question 12

Purposes of civil law?

Answer 12

1.Provide guidelines for acceptable behaviour so that people uphold each other’s rights and social cohesion can be achieved. Eg defamation outlines that publishing untrue statements is unacceptable ~>right to reputation is protected
2.Provide a system for parties to pursue rights protection through courts and tribunals. Eg courts, tribunals, complaints bodies, ombudsmen
3.Provide a remedy for harm or loss caused by an infringement or rights. Eg Damages= amount of money to compensate for loss or harm
Injunction=court order mandating or restricting an action