Civil Law 1
Civil wrong.
What is a tort?
Person who brings a legal action in a civil matter.
plaintiff
An area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes.
Civil law
A party who is alleged to have breached a civil law and who is being sued by a plaintiff.
The party is called the defendant - party who has to defend the claims made by the plaintiff
What is the term called where a person can take legal action against a person or organization, especially by making a legal claim for money because of some harm that they have caused the aggrieved party?
Sue - The term is called when someone take civil action against another person
This term means the party with the responsibility to prove the facts of the case.
The burden of proof
Standard of proof in a civil matter.
the balance of probabilities
Who am I? When someone is careless and their actions cause damages or injury, you could take this civil action against them.
Negligence
This term means the degree to which the facts of a case must be proven in court.
The term is called the standard of proof
What is the term called? - Breaking or failing to fulfil a duty or obligation.
The term is called a breach
The direct relationship between one event and another.
causation
When you say something about someone which is untrue and it damages their reputation.
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.
This restriction is called the limitation of actions.
What is this sentence referring to? To return the harmed/wronged party, as far as possible, to their original position before the harm occurred.
The sentence is referring to the aim of damages or one of the purposes of civil law
What are damages
Compensation, money for loss
What are the main aims of civil law?
to promote social cohesion
to protect rights
to place the wronged person back to their original position before the harm occurred
Negligence, defamation, nuisance, trespass.
What are four types of torts in civil law?
What are these words related to? Breach, causation, loss, limitation of action, burden of proof, standard of proof.
Referring to the key concepts of civil law
What are these examples of? Economic/financial ruin, property damage, personal injury, pain and suffering, loss of amenity.
These are examples of loss in a civil claim
What are the elements required to establish liability in negligence?
Duty of care, breach of duty of care, causation, injury, loss or harm.
What are the key elements of negligence?
1. the defendant owes a duty of care
2. breach of the duty of care by the defendant
3. The defendant caused the breach
4. Loss or harm has occurred
A type of tort which involves interference with a person's right to enjoy property. The interference must be at a level that would substantially interfere with the ordinary physical comfort of a person.
This is the tort of nuisance
A type of tort involving interference or intrusion of a person's body, property or goods without the consent of that person.
I am the tort of trespass?
What are these words referring to? A communication has affected a person's reputation and that reputation is damaged by the publication of the mistruth.
These are the elements required to establish liability in defamation.