Civil v Criminal
Identify the parties in a civil case and the parties in a criminal case.
Civil: plaintiff v defendant.
Criminal: prosecution (the Crown/state) v accused/defendant.
Name one form of alternative dispute resolution and briefly describe it.
Example — mediation: an impartial mediator helps parties communicate and negotiate their own agreement but does not impose a decision.
What is consideration?
Consideration is the price that is asked by the promisor in exchange for their promise – the price for a promise.
What is the main Queensland statute relevant to many negligence claims?
Civil Liability Act 2003 (Qld)
A customer slips on a freshly mopped supermarket floor. There is no warning sign. What area of civil law is most obviously raised?
Negligence
What is a morality clause?
A term in a contract that allows an organisation to take action against a person if their behaviour is considered damaging to the organisation’s reputation or public image.
State the standard of proof used in each system.
Criminal: Beyond reasonable doubt
Civil: Balance of probabilities
Give two advantages of mediation.
Any two explained: cheaper, quicker, confidential, flexible, preserves relationships, parties control the outcome.
Name four elements needed to form a simple contract.
Any four of offer, acceptance, consideration, intention, capacity, certainty and legality.
What is the 'neighbour principle' associated with Donoghue v Stevenson?
A person must take reasonable care to avoid acts or omissions they can reasonably foresee would likely injure persons closely and directly affected by their conduct.
A buyer says 'yes' to a seller's offer but adds a new condition. Is this acceptance?
Usually no. Changing the terms generally amounts to a counter-offer rather than unconditional acceptance.
Give two reasons an employer, sporting organisation or sponsor might include a morality clause in a contract.
Any two reasonable responses, such as:
Explain the different purposes of civil and criminal law
Civil law resolves disputes and provides a remedy for a person whose rights were infringed. Criminal law punishes illegal conduct, protects society and deters offending.
Give two disadvantages of mediation.
Any two explained: no guaranteed outcome, power imbalance, compromise may disadvantage a party, unsuitable for violence/urgent precedent, agreement may need formalisation to be enforceable.
JBHifi advertises 'Coffee machines - $150 today only!' Is the advertisement automatically an offer?
Usually no. Advertisements are generally invitations to treat, although the exact wording and circumstances matter.
A gym knows a treadmill suddenly stops but leaves it open with no warning. A member is injured. Which element of negligence is strongly raised by the failure to warn?
Breach of duty — failing to take reasonable precautions against a known foreseeable risk may fall below the required standard of care.
A cyclist sees a large 'PATH CLOSED — DANGER' sign, moves it aside and rides through, then is injured by the warned-about hazard. What is the issue the defendant could raise?
Contributory negligence
A professional athlete posts a controversial opinion on their personal social media account. Their sponsor terminates their contract using a morality clause.
Identify two competing interests involved.
The individual's interests in privacy, freedom of expression and/or fair treatment versus the sponsor's interest in protecting its reputation, brand and commercial interests.
What are the usual outcomes in civil and criminal matters?
Civil outcomes include damages, injunctions, declarations or specific performance.
Criminal outcomes include conviction/acquittal and, after conviction, penalties such as fines, community orders or imprisonment.
Explain QCAT’s role in resolving civil disputes.
QCAT is an independent Queensland tribunal that hears specified matters, including minor civil disputes and tenancy/consumer disputes. It aims to provide accessible, fair, economical and relatively quick resolution and can make binding orders within its jurisdiction
Mia offers to sell a laptop to Noah for $600. Noah replies, 'I'll pay $500.' What has happened to Mia's original offer?
Noah has made a counter-offer, which generally rejects/terminates the original offer.
What are the THREE core elements a plaintiff generally must establish in negligence?
Duty of care, breach of duty and damage caused by the breach (causation/remoteness).
A mediator tells the parties exactly who should win and orders one party to pay $5,000. What is wrong with this description?
That is not the ordinary role of a mediator. Mediation facilitates negotiation; the mediator does not ordinarily impose a binding judgment.
Complete this argument
"Morality clauses should be strictly limited because..."
Your team must provide a viewpoint AND one consequence.
They can give organisations significant control over conduct outside the workplace and may unfairly interfere with individual privacy or expression. A consequence could be employees feeling restricted in their private lives or being penalised for conduct unrelated to their work.
Give two similarities between civil and criminal law and explain why each matters.
Examples: both apply law through impartial decision-makers; both rely on evidence and procedure; both may be appealed; both aim for fair resolution.
Connect similarity to fairness, consistency or access to justice.
Two neighbours are arguing about a fence but want to preserve their relationship. Which ADR process is likely most appropriate, and why?
Mediation — a neutral mediator can help the parties communicate and reach their own agreement; it can preserve relationships.
A 17-year-old signs an expensive long-term luxury apartment contract. Identify the contract issue and explain why enforceability may be questioned.
Capacity. Minors have limited contractual capacity; enforceability depends on the type of contract and circumstances, such as contracts for necessaries or beneficial contracts of service.
A defendant owed a duty and breached it, but the plaintiff would have suffered exactly the same injury even without the breach. Which part of negligence is likely to fail, and why?
Causation — if the breach was not a necessary condition of the harm, factual causation may not be established.
A plaintiff proves duty and breach but provides no evidence connecting the breach to the injury. Predict the likely outcome.
The negligence claim is likely to fail because the plaintiff must establish causation as well as duty and breach.
A contract states:
"The employee must not engage in behaviour that the employer considers inappropriate."
What is the major legal concern with this wording?
The clause is extremely broad and subjective. It gives the employer considerable discretion and provides little certainty about what behaviour could result in consequences.