Contact with Civil Law

What is civil law?

Civil law sets out the rights and responsibilities of individuals, groups and organisations. It regulates private disputes when someone believes their rights have been infringed or have been caused harm.

Who initiates a civil case?

The plaintiff who sues the respondent.

What is the standard of proof in civil law?

On the balance of probabilities.

What does “on the balance of probabilities” mean?

It is more likely than not that the claim is true

Why is the civil standard of proof lower than the criminal standard?

Civil cases usually involve compensation rather than criminal punishment.

What is a contract?

A legally enforceable agreement between participants in society that set out what the legal relationship will be between those participants.

What is a tort?

Categorisation of civil wrongs done by one party to another that causes a person to suffer loss or harm.

Wha are the 3 most common torts?

Negligence, Defamation, False imprisonment

What are the essential elements of a contract?

Offer, acceptance, consideration, and intention to create legal relations.

What is a tort?

A civil wrong that causes harm or loss to another person.

What is negligence?

Failing to take reasonable care, causing harm to another person.

What is defamation?

Where a person’s reputation is damaged by another party’s publication of untruthful statements.

What is false/wrongful imprisonment?

Where a person is unlawfully deprived of their freedom to move around

Give an example of negligence

A driver texting while driving and causing an accident.

What are civil remedies?

Procedures and sanctions, specified by civil statutes and regulations of the ‘remedy’ that a party must pay to the victim.

What are damages in civil law?

Monetary compensation for loss or harm suffered. Can also be enforcement of compliance, fulfilment of a contract or prevention of further damage.

What is an injunction?

A court order requiring a person to do or stop doing something.

How can the same incident lead to both criminal and civil action?

One act may break criminal law and also cause personal harm or loss.

Give an example of the same incident leading to criminal and civil action.

A drunk driver may face criminal charges and also be sued for damages by injured victims.