L2&3- Key Concepts of Civil Law

Question 1

Parties: Before court/tribunal

Answer 1

-Aggrieved/wronged party: person whose rights have been infringed
- Wrongdoer: person alleged to have infringed another person’s rights

Question 2

Parties: during court proceedings

Answer 2

-Plaintiff: the person whose rights have been infringed and who sues another party in a court/tribunal
-Defendant : the party who is alleged to have breached a civil law and is being sued

Question 3

Breach definition

Answer 3

An act or omission (1) that represents a failure to meet a legal obligation (2)

Question 4

Examples of breach

Answer 4

-Contract law: failure to fulfill the promise made to plaintiff
-Negligence: failure to uphold a duty of care to another person

Question 5

Loss definition

Answer 5

A type of harm suffered by a person. It can involve both economic and non-economic loss

Question 6

Types of loss: Financial

Answer 6

loss of wages, earning capacity, moolah/profits, medical expenses etc.

Question 7

Types of loss: Property damage

Answer 7

damage/destruction of house, car, clothing etc.

Question 8

Types of loss: Personal injury

Answer 8

cuts, bruises, broken bones, loss of limb etc.

Question 9

Types of loss: Pain and suffering

Answer 9

mental anguish, anxiety, depression, etc.

Question 10

Types of loss: Loss of amenity

Answer 10

loss of enjoyment of life, loss of job satisfaction, loss of family life, etc.

Question 11

Causation

Answer 11

The direct relationship between the defendant’s breach (1) and the plaintiff’s loss (2)

*the plaintiff must prove that the defendant’s breach was a necessary condition of the loss suffered
*but for the defendant’s breach, would the harm have occured?

Question 12

Burden of Proof

Answer 12

The responsibility of proving the facts of the case
- rests with the plaintiff
-however the defendant has the burden of proof if there is a counter claim, asserting that the plaintiff is actually at fault

Question 13

Standard of Proof

Answer 13

The degree to which a case must be proven in court
-On the balance of probabilities: means that the plaintiff’s version of events is more likely to have occurred than the defendants (more likely than not)

Question 14

Limitation of Actions/purpose of LoA

Answer 14

Limitations of Actions Act 1958 (Vic)
the restriction on bringing a civil law claim after the allowed time
-ensure civil cases are resolved in a timely manner
-ensure reliable evidence is readily available
-Ensure the defendant does not have a potential case pending for an unlimited amount of time (bc undue stress)

Question 15

LoA time limits

Answer 15

-Defamation: 1 year
-Personal injury: 3 years
-No personal injury (eg nuisance) 6 years
-Breach of contract: 6 years
-Some have no time limit eg. physical/sexual abuse suffered as minor
-Court can grant a time extension depending on circumstances/nature of the case