Lesson 1 Civil Law Flashcards
(10 cards)
Civil Law
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.
Sue
To take civil action against another person by making a claim that they have infringed some legal right.
Liability
The legal responsibility of a party for loss or harm caused to another because of a breach of civil law.
Remedy
Orders made by a court or tribunal to address a civil wrong or breach - to restore the plaintiff back to their original position.
Can be in the form of damages or injunctions
Negligence
Requires individuals who owe a duty of care to another person to prevent foreseeable harm from occurring
Trespass
Prevents individuals from interfering with another person, their land or goods.
Nuisance
Ensures individuals can enjoy public and private property without interference or annoyance.
Contract
Ensures that people who make promises under enforceable agreements fulfil those promises or compensate the other party if they fail to comply.
Defamation
Protects a persons reputation from being damaged by lies that are shared with the public.
Purposes of civil law
- Provides guidelines for what is acceptable behaviour so that people can uphold each others rights and social cohesion can be achieved.
- Provide a system for parties to pursue rights protection through courts and tribunals.
3.Provide a remedy for harm or loss caused by an infringement of rights (damages or injunctions)