Purposes and Types of Civil Law Flashcards
(10 cards)
Civil Law Definition
An area of law that aims to protect individuals, businesses and organisations by providing 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 - designed to restore plaintiff back to their original position. Remedies 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 that individuals can enjoy public and private property without interference and annoyance
Contract
Ensures that people who make promises under enforceable agreements fulfill those promises or compensate the other party if they fail to comply
Defamation
Protects a person’s reputation from being damaged by lies that are shared with the public
Purposes of Civil Law
- Provide guidelines for acceptable behaviour so that people uphold each other’s rights and social cohesion can be achieved
- Provide a system for parties to pursue rights protection through courts and tribunals
- Provide a remedy for harm or loss caused by an infringement of rights