GENERAL 1
The legal responsibility of a party for the loss suffered by another party.
Civil Liability
Breaking or failing to fulfil a duty or obligation.
Breach.
The Snail in the Bottle case helped establish this principle as a way of explaining a person's duty of care.
The Neighbour Principle.
The limitation of actions in regards to a defamation case being brought to the court.
The definition of a remedy.
The wronged person bringing a matter to the court.
Plaintiff.
When the actions of the defendant caused/resulted in the harm suffered by the plaintiff.
Causation.
The FOUR elements that must be proved when bringing an action for negligence.
1. The person who was negligent owed a duty of care to the person injured.
2. The duty of care was breached.
3. The breach of duty of care directly caused loss or damage.
4. Harm or loss was the result of the breach of the duty of care.
The main purpose of the law of defamation.
Protect the character and reputation of individuals against attempts to discredit them or lower their reputation.
The most common form of remedy in civil cases.
Damages.
The party alleged to be in the wrong.
Defendant.
The restriction on bringing a civil claim after the allowed time.
Limitation of actions.
Two defences to negligence.
2. Assumption of risk.
Contextual truth.
The THREE types of damages that fall under the banner of compensatory damages.
1. Special damages
2. General damages
4. Aggravated damages
The party which holds the burden of proof in civil matters.
The plaintiff.
A person or company contracted to compensate another in the event of damage or loss.
Insurers.
A person owes a duty of care if these THREE elements are present.
1. The risk was foreseeable.
2. The risk was significant.
3. A reasonable person in the same circumstances would have taken precautions to eliminate risk.
1. A statement is defamatory
2. The statement is untrue
3. The statement refers to the plaintiff
4. The defendant published the defamatory statement
5. The publication caused or is likely to cause serious harm
A non-financial remedy. An order where the defendant is required to do or not do something.
The standard of proof required in civil matters.
When somebody becomes responsible for the actions of another.
Vicarious liability.
Four exceptions when a duty of care is not owed.
1. Participating in a risky recreational activity.
2. A good Samiratan.
3. Donations of food.
4. Volunteers.
A defence to defamation that protects people who may unknowingly distribute defamatory information, such as printing companies, booksellers, libraries etc.
Innocent dissemination.
The definition of special damages.
Damages to compensate for loss that can be accurately measured in monetary terms (e.g. loss of wages and medical costs).