Lesson 43: Key Terms in Civil Law Flashcards
(6 cards)
Breach
A violation of law, promise or obligation
Plaintiff: must prove there has been a breach by the defendant
Defendant: has failed to observe (abide by) a law or obligation imposed on them
Plaintiff: holds responsibility/onus to prove their case
Causation
A connection between the actions of the defendant and the loss suffered by the plaintiff
Plaintiff: must probe the defendants actions directly related to their loss → the harm would not have occurred if not for the defendants actions
- Casual link between actions (D) and loss (P)
- 2 people can be responsible (D)
Loss
A type of harm or damage suffered by a person. It can involve both economic and non-economic loss
- Plaintiff can only obtain legal remedy if they can prove that they have suffered loss or harm
- Economic/financial loss: wages/profits/expenses
- Property damage: car, clothing, other goods
- Personal injury: cuts, bruises, fractures
- Pain + Suffering: mental anguish
- Loss of amenity: loss of enjoyment of life, family
Limitation of Actions
The restriction on bringing a civil law claim after the allowed time
- Time period within a wronged party can sue the wrongdoer
- Time passed = defendant can use defence that the plaintiff is too late to obtain any remedy
- Time limit b/c: disputes can be solved efficiently
Legislation: Limitations of Actions Act 1958 (Vic)
Burden of Proof
The obligation (responsibility) of a party to prove a case (prove facts) → onus of proof
- Every court case = 1 party has this responsibility
- This means that the plaintiff must present evidence to establish that the defendant is in the wrong/liable for the harm inflicted
Standard of Proof
The degree or extent to which a case must be proven in court
- Civil cases: plaintiff must prove the case on the balance of probabilities
- This means that the plaintiff must prove that they are more likely to be right, and the defendant is more likely to be in the wrong (i.e. >50%)
