UNIT 2

Question 1

Civil liability

Answer 1

legal responsibility of a party for harm caused to another party.

Question 2

What does civil law do?

Answer 2

provide guidelines, protect rights, help to seek compensation, remedy harm suffered.

Question 3

Types of civil law

Answer 3

Negligence, trespass, defamation, nuisance.

Question 4

Definition of a remedy

Answer 4

Legal solution where the party who has suffered harm can seek compensation.

Question 5

Negligence

Answer 5

Breach of a duty of care.

Question 6

Wills

Answer 6

Carry out last wishes of the deceased.

Question 7

Nuisance laws

Answer 7

Enjoy their land without interference.

Question 8

Defamation

Answer 8

Communication of false statements about an individual, which harms reputation.

Question 9

Contract law

Answer 9

Stick to promises made in contract.

Question 10

Key concepts of civil law

Answer 10

Breach, causation, loss, limitation of actions.

Question 11

Plaintiff

Answer 11

The ‘been wronged’ party, bring the case against the defendant.

Question 12

Defendant

Answer 12

The party IN wrong, case is brought before them.

Question 13

Breach

Answer 13

A party failing to perform a duty imposed by the law.

Question 14

Causation

Answer 14

Relationship between defendant’s actions + the plaintiff suffering.

Question 15

Loss

Answer 15

Damage from the act of defendant.

Question 16

Types of loss

Answer 16

Financial, property, personal, pain, amenity.

Question 17

Balance of probabilities

Answer 17

must prove plaintiff is most likely right, defendant is wrong.

Question 18

Intervening event

Answer 18

When something occurs after the defendants actions, which was the cause for injury, etc.

Question 19

Property damage

Answer 19

Harm though damage of owned goods.

Question 20

Class action

Answer 20

(AKA: representative proceeding)

Question 21

Aggrieved party

Answer 21

Those whose rights have been infringed.

Question 22

Wrongdoer

Answer 22

Person who has caused the loss/damage to plaintiff.

Question 23

Accessorial liability

Answer 23

Responsibility imposed on one person for wrongdoing of another. (E.g. person encourages other to cause harm).

Question 24

Vicarious liability

Answer 24

Responsibility of a third party for wrongful acts of another (E.g. employer liable for their employees actions).

Question 25

Tort Law

Answer 25

Civil wrong committed against another person, return person to position they were in before the wrong occurred.

Question 26

Tort law consists of

Answer 26

Defamation, negligence, trespass, nuisance.

Question 27

Impacts of breach on plaintiff

Answer 27

Loss of life, physical injury, loss of wages.

Question 28

Impacts of breach on defendant

Answer 28

Loss of business, public humiliation, physical injury.

Question 29

Elements of negligence

Answer 29

Duty of care, breach, causation, injury, loss or damage.

Question 30

Elements of nuisance

Answer 30

Plaintiff has property over land, plaintiff has suffered damage.

Question 31

Defence to nuisance

Answer 31

Statutory authorization, consent, reasonable use.

Question 32

Types of damage

Answer 32

Special damages (monetary terms), general damages (cannot be accurately determined in money), aggravated damages (if defendant shows reckless disregard for plaintiff).

Question 33

Injunction

Answer 33

order requiring defendant to do or not do something.

Question 34

Impact of nuisance breach for plaintiff

Answer 34

Affects mental health, quality of life, costs.

Question 35

Impact of nuisance breach for defendant

Answer 35

Inconvenience, costs, business failure.

Question 36

Elements of defamatory liability

Answer 36

Statement is defamatory, untrue, published BY defendant, refers TO plaintiff, caused harm.

Question 37

Impact of defamation breach for plaintiff

Answer 37

Reputation loss, emotional impact, loss of wages, unemployment.

Question 38

Impact of defamation breach for defendant

Answer 38

Costs, need to sell assets, public humiliation.

Question 39

Primary purpose of civil law

Answer 39

Restore an individual to their original position after suffering harm.

Question 40

Limitation of actions

Answer 40

Restriction on the time limit a plaintiff must commence a civil action in court.

Question 41

Burden of Proof

Answer 41

The responsibility of a party to prove the facts of a case.

Question 42

Standard of Proof

Answer 42

Degree in which the facts of the case must be proven in court.