Purposes of Civil Law
This is the main purpose of civil law.
To resolve disputes and compensate those who suffer loss?
This occurs when a legal duty has not been fulfilled.
Breach
This party begins a civil action.
Plaintiff
This is the first element a plaintiff must establish in negligence.
Duty of Care
This area of law protects a person's reputation.
Defamation
Civil law generally involves disputes between these two types of parties.
The plaintiffs and defendants
This legal concept requires proving the defendant's actions caused the plaintiff's loss.
Causation
This party responds to the civil claim.
The Defendant
This occurs when the defendant fails to meet the required standard of care.
Breach of Duty
A defamatory statement must be communicated to at least this many other people besides the plaintiff.
One other person
This type of civil law deals with personal injuries caused by another person's failure to take reasonable care.
Negligence
This refers to the injury, damage or financial harm suffered.
Loss
This party carries the burden of proof.
The Plaintiff
This element requires proving the defendant's breach caused the plaintiff's injury.
Causation
What must the Plaintiff prove in a Defamation case?
The plaintiff must prove the statement identified this person.
This area of civil law protects a person's reputation
Defamantion
This law sets the maximum time to commence a civil claim.
This is the standard of proof used in civil cases.
The Balance of Probabilities
Name all four elements of negligence.
Duty of care, breach, causation and loss
What does the defence have to prove about their statement?
This defence succeeds if the defamatory statement is substantially true.
Name two purposes of civil law.
compensation and dispute resolution (or protecting rights/enforcing obligations)?
A plaintiff usually has this many years to commence most negligence actions involving personal injury in Victoria.
Three years
Explain the difference between the burden of proof and the standard of proof.
What is the burden being the obligation to prove the case, while the standard is the level of proof required?
What are the three main defences to Negligence?
Contributory Negligence, Assumption of Risk, and Illegal activity
Name two remedies available in a successful defamation claim.
What are damages, an apology, correction or injunction?