36711205
| Question | Answer |
| Name 2 purposes of civil law | - Achieve social cohesion - Protect individual rights - Resolve people's disputes - Provide a means to seek compensation |
| Name the key concepts of civil law | - Breach - Causation - Loss - Limitation of actions - Burden of proof - Standard of proof |
| Who has the burden of proof in a civil case? | In a civil case, the burden of proof falls upon the plaintiff - they must prove the defendant's guilt. |
| What is the standard of proof in a civil case? | In a civil case, the defendant must be proven to be liable on the balance of probabilities. This means that the plaintiff's side of the story must be more convincing than the defendant's. |
| What is the limitation of actions, and how does this apply to negligence and defamation? | The limitation of actins is the period since the breach in which the plaintiff is able to take the defendant to court. In negligence, this is 6 years. If there is disease or disorder involved, this is reduced to 3 years. If there is death or personal injury involved, this ranges from 3-12 years. In defamation, this is 1 year. If the plaintiff is deemed unable to bring the case to court in this time, this may be extended to 3 years. |
| Name 2 possible plaintiffs in a civil case. | - Aggrieved party - Other victims - Insurers |
| Name 2 possible defendants in a civil case. | - Wrongdoer - Employers - Persons involved in wrongdoing - Insurers |
| What right does negligence protect? | Negligence protects the duty of care all individuals are owed, providing compensation for loss/harm when this is not fulfilled. |
| What are the elements of negligence? | - Duty of care - Breach of duty of care - Causation - Injury, loss or damage |
| What are the defences against negligence? | - Contributory negligence - claims the plaintiff contributed to the harm suffered - Assumption of risk - volenti non fit injuria |
| How has negligence developed in law throughout time? | In the past, an injured party could only sue if there was a contract between the parties. After the Donoghue v Stevenson case occurred and Australia followed with the Grant v Australian Knitting Mills case, negligence was adopted into common law. It was made that a duty of care is owed to all people by all people, and as such, it was made possible to sue anyone who breaches this and causes loss in doing so. |
| What are 2 impacts on the plaintiff in negligence? | - Loss of life - Permanant physical incapacity - Serious physical injury - Emotional and mental impact - Loss of wages and livelihood - Unemployment |
| What are 2 impacts on the defendant in negligence? | - Loss of business - Public humiliation - Physical injury - Costs - Need to sell assets |
| What right does defamation protect? | Defamation protects the character and reputation of individuals against attempts to discredit them. |
| What are the elements of defamation? | - The statement is defamatory - The statement is untrue - The statement refers to the plaintiff - The statement was published to an individual other than the plaintiff |
| What are 4 defences against defamation? | - Justification - the statement is substantially true - Contextual truth - numerous defamatory statements are made within the same context of statements which are substantially true - Honest opinion - the statement is expressed as an opinion, not as fact - Triviality - the plaintiff is unlikely to be harmed by the defamatory statement |
| How has defamation developed in law throughout time? | Prior to 2006, defamation was entirely developed through common law. This lead to many inconsistencies between Australian states. On January 1st 2006, uniform legislation was introduced into statute law, regulating defamation via the Defamation Act. |
| What are 2 impacts on the plaintiff in negligence? | - Loss of reputation - Emotional impact of the defamatory material - Loss of wages and livelihood - Unemployment |
| What are 2 impacts on the defendant in negligence? | - Costs - Need to sell assets - Public humiliation |
Want to create your own Flashcards for free with GoConqr? Learn more.