Legal Studies Unit 2 SAC1

What is the primary purpose of civil law?

To return the wronged party to their original position before the wrong occurred.

Name three types of civil law.

Negligence law, defamation law, and contract law.

What is a remedy in civil law?

A legal solution where a party seeks compensation or action for grievances.

What does negligence refer to in civil law?

A breach of a duty of care owed by one party to another, resulting in harm.

What is meant by 'duty of care'?

The obligation of one party to act to avoid harm to another party.

What constitutes a breach in civil law?

When a party fails to observe laws or obligations impacting the rights of another.

What must a plaintiff demonstrate to prove causation?

That the defendant's actions resulted in harm to the plaintiff.

What is the 'but for' test in negligence?

It assesses whether the harm would have occurred 'but for' the defendant's actions.

What types of loss can be claimed in a civil case?

Economic loss, property damage, personal injury, pain and suffering, and loss of amenity.

What is the burden of proof in civil law?

It is on the plaintiff to demonstrate that the defendant committed a civil wrong.

What is the standard of proof in civil cases?

A case must be proved 'on the balance of probabilities'.

Who can be a plaintiff in a civil dispute?

An aggrieved party, other victims, or individuals in a class action.

What is vicarious liability?

When a party is indirectly responsible for the actions of another.

What is the role of negligence laws?

To protect individuals from unjust harm and allow them to seek remedies.

What is the limitation of actions in civil law?

A restriction on the time limit to commence a civil action in court.

What is the definition of defamation?

The communication of false statements that harm an individual's reputation.

What does misleading or deceptive conduct aim to protect?

Consumers and businesses from being misguided in commercial transactions.

What must be proven for a breach of duty of care?

That the risk of harm was foreseeable and a reasonable person would have taken precautions.

What is the significance of the neighbour principle in duty of care?

It establishes that one must take reasonable care to avoid acts or omissions that could foreseeably harm others.

What is a class action?

A legal action where multiple plaintiffs claim against the same defendant under similar circumstances.

What types of damages can be sought in a civil case?

Damages can include monetary compensation for loss or injunctions to prevent further harm.

What is the role of evidence in a civil case?

To support the plaintiff's claims and demonstrate the defendant's liability.

What is the definition of tort in civil law?

A wrong that impacts a person's legally protected rights.

What are the elements of negligence?

Duty of care, breach of duty, causation, and loss/injury/damage.

How long is the limitation period for property damage claims?

6 years.

How long is the limitation period for personal injury claims?

3 years.

What must occur for negligence to exist?

Some sort of loss, injury, or damage must have happened.

What is contributory negligence?

When the plaintiff has not taken sufficient steps to care for their own safety, which adds to the harm they suffer.

What is voluntary assumption of risk?

When a plaintiff is aware of the risks of an activity and chooses to participate anyway.

What are specific damages?

Damages that are measurable and have a precise value, such as medical bills or lost earnings.

What are general damages?

Damages that do not have a specific value and are less easily quantifiable, such as pain and suffering.

What are aggravated damages?

Damages awarded in cases where the defendant's behavior is particularly harmful or reprehensible.

What are the physical impacts of negligence on the plaintiff?

Physical injuries such as sickness, broken bones, or illness.

What psychological impacts can negligence have on the plaintiff?

Fear of participating in events and stress-related issues.

What is defamation?

A false statement presented as a fact that harms the reputation of the person or group it is about.

What rights does defamation protect?

The right of individuals to be considered of good reputation.

Which types of businesses cannot sue for defamation?

Not-for-profit charities and companies with fewer than 10 employees.

What is required to establish liability in defamation?

The matter must be defamatory, false, about the plaintiff, published to a third party, and cause serious harm.

What is the time limit for commencing a defamation action?

1 year from the date of the defamation.

What is the justification defense in defamation?

A defense where the defendant proves that the defamatory statement was substantially true.

What is the contextual truth defense?

A defense where the defendant shows that other statements published alongside a defamatory statement are true.

What is the honest opinion defense?

A defense where the defendant proves the statement was an honestly held opinion based on proper material.

What is absolute privilege in defamation?

A defense that provides complete protection from liability for statements made in certain protected situations.

What is qualified privilege in defamation?

A defense that protects statements made where the speaker has a duty to communicate information.

What are mandatory injunctions?

Injunctions that force a party to do something, such as publish an apology.

What are restrictive injunctions?

Injunctions that prevent parties from doing something, such as publishing future content about a plaintiff.

What emotional impacts can defamation have on the plaintiff?

Humiliation, anger, and frustration.

What financial impacts can defamation have on the plaintiff?

Loss of income or business opportunities due to damage to reputation.

What reputational impacts can defamation have on the defendant?

Public perception of dishonesty, regardless of liability.

What financial impacts can defamation have on the defendant?

May need to pay damages to the plaintiff and legal costs.

What are the psychological impacts of facing a defamation lawsuit on the defendant?

Anxiety and depression due to stress from the lawsuit.