14194207
Description
Flashcards by Sarah Levey, updated more than 1 year ago
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Created by Sarah Levey
about 6 years ago
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| Question | Answer |
| Outline parties to a civil dispute | plaintiff: brings case to court defendant: defending claims |
| Principles/elements of negligence | duty of care was owed breach of the duty of care breach caused damage |
| Principles/elements of defamation: Publication: | of any form to a third party |
| Principles/elements of defamation: Identification: | plaintiff referred to directly/indirectly in a way that would be recognisable to a reasonable person |
| Principles/elements of defamation: Defamatory meaning: | - lowers plaintiffs reputation - causes others to shun/avoid plaintiff - exposes plaintiff to hate, contempt, ridicule |
| Defences to General Torts: Consent: | - plaintiff knew there was a risk - plaintiff agree to the chance of the risk |
| Defences to General Torts: Necessity: | defendant inflicted harm to prevent greater harm from occuring |
| Defences to General Torts: Statutory Authority: | - aka lawful authority - law gives authority for person to carry out duties otherwise considered a tort |
| Defences to Negligence: Contributory Negligence: | plaintiff has contributed to their injuries/harm due to their actions |
| Defences to Negligence: Voluntary assumption of risk: | accepted the level of risk associated with the activity undertaken |
| Defences to Defamation: Contextual Truth | defendants who have published some defamatory statements as part of a larger, substantially true, statement |
| Causation: | - determine whether the action of the defendant actually caused harm/damage to the plaintiff - this harm could not occur but for the actions of the defendant |
| Causal Link: | - defendants actions lead directly to plaintiff's harm - nothing else happened to effect plaintiff's harm |
| Breach: | person fails to fulfill their obligations either in contract or general and a person is injured as a result |
| Loss: | - monetary - physical injury, harm, or suffering - emotional/psychological - financial - damage to person reputation |
| Damages: General Damages: | take into account the impact of the loss on the plaintiff's past, present and future life |
| Damages: Special/ specific: | easily determined and calculated to a specific amount e.g. medical costs |
| Damages: Exemplary: | large sum of money rewarded to plaintiff to punish defendant |
| Damages: Contemptuous: | court awards minimal damages to plaintiff, acknowledging their legal right to damages even if they do not deserve the moral right |
| Damages: Nominal: | small amount rewarded to plaintiff as they're more concerned about proving legal point |
| Damages: Aggravated: | - court to express disapproval of defendants behaviour - feels plaintiff should be compensated further for humiliation/emotional harm |
| Civil Remedies: | - aim to restore plaintiff to original position before tort occurred - compensation (money) - injunctions (to do or stop doing something) |
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