Civil Law 1
What is a tort?
Civil wrong.
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.
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?
What is one difference between a tort and a crime?
Wrong against the community/private individual
The parties associated
Civil damages vs Criminal sentencing
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
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 elements of defamation
a statement was made about the plaintiff by the defendant
the defamatory material was published/made known to a third person
the defamatory material is likely to lower the plaintiff's reputation.
When you say something about someone which is untrue and it damages their reputation.
defamation
Is the wrongful imprisonment of a person.
False Imprisonment
What tort was Grant v Australian Knitting Mill concerned with?
Negligence
What three areas is trespass concerned with?
to the person
land
and goods
What are damages
Compensation, money for loss
What are the three forms of trespass against the person?
battery
assault
false imprisonment
Negligence, defamation, nuisance, trespass.
What are four types of torts in civil law?
What are the essential elements of battery?
Direct contact with the body of the plaintiff by the defendant
Intent to cause contact (it needed to be on purpose)
It is a voluntary act by the defendant
What is the definition of civil assault?
a reasonable fear that he or she is about to suffer bodily force or contact
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. owe a duty of care by the defendant
2. breach of the duty of care by the defendant
3. loss or harm has occurred to the plaintiff
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?
What is the definition of precedent?
For courts to stand by the decisions made before