L2 Key Concepts of Civil Law

Question 1

Parties before court and tribunal proceedings

Answer 1

1. Aggrieved/Wronged party - person whose rights have been infringed
2. Wrongdoer - person who is alleged to have infringed another individual’s rights

Question 2

Parties during court or tribunal proceedings

Answer 2

1. Plaintiff - the person whose rights have been infringed as is suing another party
2. Defendant - the party who is alleged to have breached a civil law and is being sued

Question 3

Burden and Standard of proof

Answer 3

The burden of proof is the onus or responsibility of a party to prove, using evidence, the allegations made. The standard of proof in civil law is the balance of probabilities.

Question 4

Breach

Answer 4

An act or omission that represents a failure to meet a legal obligation. E.g. Negligence - A breach would be the failure to observe a reasonable to standard of care or failure to uphold a duty of care to another person.

Question 5

Loss

Answer 5

A type of harm suffered by a person that can be both economic and non-economic. E.g. Breaking an arm due to another worker’s negligence

Question 6

Types of losses

Answer 6

Financial - loss of income or income capacity, medical expenses

Property damage - damage or destruction of house or car etc.

Personal injury - cuts, bruises, broken bones, loss of limb

Pain and suffering - mental anguish, anxiety, depression

Loss of amenity - loss of enjoyment of life etc.

Question 7

Causation

Answer 7

The direct relationship between the defendant’s breach and the plaintiff’s loss.

Question 8

Causation elements

Answer 8

1. The plaintiff must prove that there was a direct and unbroken chain of causation.
2. The plaintiff must prove that the defendant’s breach was a necessary condition of the loss under the ‘but for’ test and substantive and operating cause test.