Civil Law & Contracts Vocabulary

Flashcards covering key vocabulary from a Civil Law & Contracts lecture.

Plaintiff

The party who initiates a lawsuit.

Defendant

The party being sued in a civil case.

Balance of Probabilities

The standard of proof in civil law, meaning more likely than not.

Damages

Monetary compensation awarded in a civil case.

Special Damages

Damages that can be precisely calculated, like medical bills or lost wages.

Non-Pecuniary Damages

Damages for losses that are hard to quantify, such as pain and suffering.

Punitive Damages

Damages intended to punish the defendant for their conduct.

Specific Performance

A court order requiring a party to fulfill the terms of a contract.

Injunction

A court order to do or not do something.

Enforcing Judgment

Legal process to collect a judgment, such as garnishing wages or seizing assets.

Negligence

Careless conduct that causes foreseeable harm.

Duty of Care

The obligation to avoid careless actions that could harm others.

Standard of Care

The level of caution a reasonable person would exercise.

Thin-Skull Rule

The principle that a defendant is liable for the full extent of injuries, even if pre-existing.

Vicarious Liability

Liability assigned to one party for the torts of another (e.g., employer for employee).

Occupiers' Liability

Liability of landowners/occupiers for injuries on their premises.

Contributory Negligence

Defence where the plaintiff's own negligence contributed to their injury.

Voluntary Assumption of Risk

Defence where the plaintiff knowingly accepted the risk of harm.

Act of God

An event outside human control, like a natural disaster, that causes harm.

Statute of Limitations

The time limit within which a lawsuit must be filed.

Intentional Torts

Deliberate actions that cause injury or interference.

Assault

The threat of imminent harm that causes apprehension.

Battery

Intentional, unauthorized physical contact.

Medical Battery

Performing a medical procedure without consent or different from agreed.

False Imprisonment

Unlawful confinement of a person.

Trespass to Land

Unlawful entry onto property without permission.

Private Nuisance

Unreasonable interference with the enjoyment of property.

Conversion

Unauthorized substantial interference with another's property.

Defamation

Injury to someone's reputation.

Slander

Oral defamation.

Libel

Permanent (written or recorded) defamation.

Marriage

A legal union between two people.

Essential Requirements (Marriage)

Requirements that invalidate a marriage if not met from the beginning.

Divorce

Legal end of a valid marriage.

Grounds (Divorce)

Grounds for divorce, including separation, adultery, or cruelty.

Custody

Parental rights and responsibilities for a child.

Access

Right to spend time with a child.

Child Support

Payments for the support of a child after separation or divorce.

Spousal Support

Payments to a financially dependent spouse after separation or divorce.

Property Division (Marriage)

Assets acquired during the marriage, typically divided equally upon divorce.

Contract

A legally binding agreement enforceable by law.

Bilateral Contract

A contract where a promise is exchanged for a promise.

Unilateral Contract

A contract where a promise is exchanged for an act.

Offer

A clear proposal, seriously intended, to enter into a contract.

Acceptance

Unconditional agreement to the terms of an offer.

Consideration

Exchange of something of value between parties to a contract.

Privity of Contract

The principle that only parties to a contract can enforce it.

Discharge (Contract)

Ways a contract can be terminated, such as performance, agreement, or breach.

Breach of Contract

Failure to perform contractual obligations.

Breach of Condition

A fundamental term of a contract, breach of which allows ending the contract.

Breach of Warranty

A less significant term of a contract, breach of which leads to damages.

Exemption Clauses

Contract clauses that limit liability.