Civil Law 1
This literally means crooked or wrong.
What is a tort?
Person who brings a legal action in a civil matter.
Who is a plaintiff?
An area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes.
What is civil law?
A party who is alleged to have breached a civil law and who is being sued by a plaintiff.
Who is a defendant?
To take civil action against another person, claiming that they infringed some legal right of the plaintiff.
What is it to sue someone?
This term means the party with the responsibility to prove the facts of the case.
What is the burden of proof?
Standard of proof in a civil matter.
What is the balance of probabilities?
When someone is careless and their actions cause damages or injury to you then you could take this civil action against them.
What is negligence?
This term means the degree to which the facts of a case must be proven in court.
What is the standard of proof?
Breaking or failing to fulfil a duty or obligation.
What is a breach?
The direct relationship between one event and another.
What is causation?
When you say something about someone which is untrue and it damages their reputation.
What is defamation?
A type of harm or damage suffered by a person, and can involve both economic and non-economic factors.
What is loss?
The restriction on bringing a civil claim after the allowed time.
What is the limitation of actions?
To return the harmed/wronged party, as far as possible, to their original position before the harm occurred.
What is the purpose of civil law?
The legal responsibility of a third party for the wrongful acts of another.
What is vicarious liability?
Civil law establishes, decides, and enforces.
How does civil law achieve its purpose?
Negligence, defamation, nuisance, trespass.
What are four types of civil law?
Breach, causation, loss, limitation of action, burden of proof, standard of proof.
What are the key concepts of civil law?
Economic loss, property damage, personal injury, pain and suffereing, loss of amenity.
What are examples of loss in a civil claim?
Duty of care, breach of duty of care, causation, injury, loss or harm.
What are the elements required to establish liability in negligence?
Contributory negligence, assumption of risk.
What are possible defences to negligence?
A type of tort which involves interference with a person's right to enjoy property.
A type of tort involving interference or intrusion of a person's body, property or goods without the consent of that person.
What is trespass?
Defamatory statement, refers to the plaintiff, the statement has been published.
What are the elements required to establish liability in defamation?