Lesson 3: Key Concepts of Civil Law

Question 1

Counter Claims

Answer 1

A separate claim made by the defendant in response to the plaintiff claim, asserting that it is the plaintiff who is actually at fault.

Question 2

Limitations of Actions

Answer 2

The restriction on bringing a civil law claim after the allowed time

Question 3

Purposes of Limitations of Actions in Civil Law

Answer 3

-Ensure Civil cases are resolved in a timely manner
-Ensure reliable evidence is readily available
-Ensure defendant does not have a potential case pending for an unlimited amount of time

Question 4

Limitations of Action legislation

Answer 4

The Limitations of Actions Act 1958 (Vic)

Question 5

Limitation for Defamation

Answer 5

1 year

Question 6

Limitation for Tort law with personal injury

Answer 6

3 years

Question 7

Limitation for Tort Law without personal injury

Answer 7

6 years (eg: negligence or nuisance)

Question 8

Limitation for breach of contract

Answer 8

6 years

Question 9

What is an exception to Limitations of Actions?

Answer 9

eg: If a plaintiff claims for physical or sexual abuse they suffered as a minor