VCE Legal Studies 2025 Unit 2 AOS 1: Civil Liability

What is the primary purpose of civil law?

To resolve disputes and to provide an avenue for those whose rights have been infringed to seek a remedy.

What are the main areas of civil law?

Contract law, tort law, wills and inheritance law, family law and employment law.

What is a breach in civil law?

When a defendant breaks or fails to fulfil a duty or obligation imposed on them, such as a duty of care, a contract or a law.

What are different types of loss that can be suffered?

Financial loss, physical injury, mental anguish and suffering, loss of satisfaction or utility, damage to property.

What is the Limitation of Actions?

An act that specifies the period of time in which the wronged party must sue. It can be extended in some circumstances. Child abuse has no limitation period. Claims for personal injuries must be brought within three years of the plaintiff’s knowledge of the harm and general negligence claims must be brought within six years of the cause of action occurring.

What is the plaintiff?

The party that initiates a civil dispute. If seven or more people have a claim against the same person arising out of similar circumstances, this is known as a class action.

Who is the defendant?

The person who the plaintiff alleges has infringed their rights. Two or more people may be considered liable in a claim. Through vicarious liability, a person may be found liable for the harm caused by another person.

What is negligence?

Failure to take reasonable care that was owed to another when it is reasonably foreseeable that another person would be harmed by their actions or omissions

What are the elements of negligence?

A duty of a care, a breach of the duty of care, injury, loss or damage and causation.

How is a duty of care established?

If the risk was foreseeable, the risk was significant, and a reasonable person in the same circumstances as the defendant would have taken precautions to prevent a risk of harm.

What are some exceptions to the duty of care?

The signing of a waiver accepting reasonable risk, Good Samaritans offering assistance in an emergency situation, food donations (providing the food was safe to consume at the time of donation), and volunteers providing a service organised by a community organisation.

What is a breach of duty of care?

When a person has not taken reasonable precautions to prevent a risk of harm.

What is contributory negligence?

A defence that asserts that the plaintiff contributed towards the loss or harm caused by the defendant. It can reduce the amount of damages owed to the plaintiff.

What is volenti non fit injuria?

A defence that refers to the voluntary acceptance of a risk of injury.

What is defamation?

The damaging of a person’s reputation through the communication of false or untrue information. Companies cannot sue for defamation.

What are the elements of defamation?

The statement is defamatory, the statement was substantially untrue, the statement refers to the plaintiff, the statement was published by the defendant and communicated to a person other than the plaintiff, and that the publication caused, or is likely to cause, serious harm.

What is the limitation of actions for defamation?

The case must be brought within 1 year of the date of publication, but this can be extended to three years upon application.

What are the defences for defamation?

Justification, Contextual Truth, Absolute Privilege, Publication of Public Documents, Fair Report, Public Interest, Honest Opinion and Innocent Dissemination.

What is the defence of justification?

If the statement is substantially true, it is not defamation.

What is the defence of contextual truth?

The statements were made within the same context as statements that were substantially true and do no further harm to the reputation of the plaintiff.

What is the defence of absolute privilege?

Absolute privilege gives the defendant immunity from being sued if the defamatory statements were published in the proceedings of parliamentary bodies, courts or tribunals.

What is the defence of publication of public documents?

A defence used when the statement was a fair copy, summary or extract of a document published for the public or educational purposes.

What is the defence of fair report?

A defence used if the defamatory statement was a fair report of proceedings of public concern, published for public information or educational purposes.

What is the defence of public interest?

A defence used if the defendant reasonably believed that the publication of the statement was in the public interest.

What is the defence of honest opinion?

A defence used if the defamatory statement was expressed as a commentary rather than a statement of fact, on a matter of public interest based on proper materials.

What is the defence of innocent dissemination?

A defence used if the defendant published the material as a subordinate distributor and did not nor should not have known that the publication contained defamatory material.

What are the three types of damages?

Special damages (compensates for accurately measured financial loss), General Damages (compensates for loss that cannot be accurately measured in monetary terms), and Aggravated Damages (awarded if the defendant shows reckless disregard to the plaintiff’s feelings).