L2: Key Concepts of Civil Law

Question 1

Parties to a civil dispute- before court proceedings?

Answer 1

Aggrieved/ wronged party= person who’s rights have been infringed
Wrongdoer= person alleged to have infringed another person’s rights

Question 2

Parties to a civil dispute- during court proceedings?

Answer 2

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

Question 3

Plaintiff burden of proof?

Answer 3

The plaintiff has the burden of proof- the onus or responsibility to prove liability of the defendant- this must be proven on the balance of probabilities- that it was more likely than not that the infringement of rights occurred due to the defendants actions

Question 4

Breach?

Answer 4

An act or omission that represents a failure to meet legal obligation. Eg the plaintiff must prove that the defendant is in breach as the plaintiff has the burden of proof.
Contract law= breach is failure to fulfil a promise made to plaintiff
Negligence= breach is failure to uphold a duty of care to another person

Question 5

Loss?

Answer 5

A type of harm suffered by a person. It can involve both economic and non-economic loss. The plaintiff can only obtain a remedy if they can prove that they suffered a loss or harm.

Question 6

Types of loss?

Answer 6

Financial- loss of wages, loss of earning capacity, loss or profits, medical expenses.
Property Damage- damage or destruction of house, car, clothing etc.
Personal Injury- cuts, bruises, broken bones, loss of limb etc.
Pain and Suffering- mental anguish, anxiety, depression etc.
Loss of Amenity- loss of enjoyment of life, loss of job satisfaction, loss of family life etc.

Question 7

Causation?

Answer 7

The direct relationship between the defendant’s breach and the plaintiff’s loss.
The plaintiff must prove that the defendant’s breach was a necessary condition of the loss suffered.
The ‘but for’ test is useful to determine causation: ‘But for the defendant’s breach, would the harm have occurred?’
After the defendant’s breach there may be an intervening event or a break in the chain of causation. It may be possible for a defendant to avoid liability if they can prove that their breach was not the true cause of the loss.