Unit 2 Flashcards
(24 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.
Key terms of civil law include:
Sue = to take civil action against another person by making them 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 the plaintiff back to their original position. Remedies can be in a form of damages (money) or injunctions.
Types of civil law
Negligicence
contract
nuisance
tresspass
defamation
Negligence
requires individuals who owe a duty of care to another person to prevent foreseeable (predictable) harm from occurring
Trespass
prevents individuals from interfering with another person, their land or goods
Nuisance
ensures that individuals cane enjoy public and private property without interference or annoyance
Contract
ensures the people who make promises under enforceable agreements fulfill 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.
Purpose of civil law
Purpose of civil law
1. Provide guidelines for acceptable behaviours so that people uphold each others rights and social cohesion can be achieved
- provide a system for parties to pursue rights protection through courts and tribunals
- provide remedy for harm or loss caused by an infringement of rights
- damage = amount of money to compensate for loss or harm
- injunction = court order mandating or restricting an action
Parties in civil dispute
BEFORE COURT PROCEEDINGS
- Aggrieved/wronged party = a person whose rights have been infringed
- Wrongdoer = person alleged to have infringed another person’s rights
Parties in civil dispute
DURING COURT PROCEEDINGS
Plaintiff = the person whose rights have been infringed and who sues another party in a court or tribunal
- Defendant – the party who is alleged to have breached a civil law and is being sued
BREACH
An act or omission that represents a failure to meet a legal obligation
BREACH = contract
failure to fulfill a promise made to the plaintiff
BREACH - negligence
failure to uphold a duty of care to another person
LOSS
a type of harm or damae suffered by a person. It can involve both economic and non-economic loss
Type of loss:
Property damage = damage or destruction of house clothes or car etc
-
Personal injury = cuts, bruises, broken arm etc
-
Pain and suffering = mental anguish, anxiety, depression
-
Loss of amenity = loss of enjoyment of life, loss of job satisfaction, loss of family etc
CAUSATION
the direct relationship between the defendants breach and the plaintiffs loss
WHAT MUST BE IN CAUSATION
- The plaintiff must prove that the defendants breach was a necessary condition of the loss suffered.
The but for test is a usesful aid to determine causation
After the defendants breach, there may be an intervening event or a break in the chain of causation. It may be possible for a defendant to avoid liability if they can provide their breach was not the true cause of the loss
standard of proof
the responsibility of providing the facts of the case
counter claim
a separate claim made by the defendant in response to the plaintiffs claim, asserting that it is the plaintiff who actually at fault
Burden of proof
the degree to which the case must be proven in court
The plaintiff must prove the wrongdoing occurred on the balance of probabilities ( more likely than not )
limitations of actions
the restriction on bringing a civil law claim after the allowed time
Purpose of limitations of actions
Ensure civil cases are resolved in a timely manner
Ensure the reliable evidence is readily available
Ensure that the defendant does not have to have a potential case pending for an unlimited amount of time
what is the time period for the types of crime commited
Defamation – 1 year
Under the tort of law where there IS personal injury – 3 years
Under the tort of law where there is NO personal injury (e.g. negligence, damage to property, nuisance) – 6 years
Breach of contract – 6 years
