Legal Revision T3 S1

Purpose of civil law

Provide a legal solution to restore the plaintiffs position before the breach

Key components of civil law

Breach, causation, loss, limitation of actions, burden of proof, standard of proof

Breach

Going against what was not agreed eg. broken contract

Causation

One action/event that leads to another one to happen (the harm suffered was as a direct result of the defendant's actions)

Direct causation

Occurs when the harm suffered is directly linked to the defendant's actions without any intervening factors

Indirect causation

Occurs when the harm suffered is caused by a series of events that are not directly linked to the defendant's actions

Injury, loss & damage

Harm or negative effects caused to someone or something

Limitations of action

Limited time to sue

Burden of proof

They have the responsibility of showing the evidence

Standard of proof

Level of certainty required to prove a claim(umbrella term)

Balance of probabilities

Plaintiff must prove that their claims are more likely true than the defendants, more than 50% sure

Plaintiff

The party that initiates the civil dispute (been harmed)

Class action

A large amount of plaintiffs join a case to sue someone

Defendant

The party being accused or sued in a legal proceeding (who did the harming)

Tort

Harmful/wrongful act you can sue over

Elements

What you need to know to prove the case

Defences

Lawful excuse

Negligence

Breaching duty of care causing harm/loss

Elements of of negligence

Breach duty of care, duty of care, injury loss or damage, causation

Defences for negligence

Contributory negligence, assumption of risk

6 years

Limitation of action negligence

Exceptions to duty of care

Waiver, good samaritan, donating food & volunteering

Nuisance

Is the interference with someone’s ability to enjoy their own space or to enjoy a public space

Public nuisance

Action that harms everyones rights

Private nuisance

Action that affects your personal rights

Elements of nuisance

Rights to their property/public space, interference with plaintiffs use of land, suffered loss injury or damage

Defences for nuisance

Statutory authorisation, consent, reasonable use

6 years

Limitation of actions for nuisance

Defamation

To ruin someone’s reputation through stating untrue information

Elements of defamation

The statement was untrue/harmful, referred to the plaintiff, was published by the defendant

Defences for defamation

Honest opinion, truth

1 year

Limitation of actions defamation

Discrimination

Being treated unfairly based off an attribute

Direct discrimination

Obvious unfair treatment based on a specific attribute or characteristic

Indirect discrimination

Hidden unfair treatment based on a ‘neutral’ policy or practice that disproportionately affects a certain group

Elements of discrimination

Based on certain attribute, took place, caused harm/unfair treatment

Defences for discrimination

Inherent requirements, unjustifiable hardship etc

12 months

Limitation of actions for discrimination

Impact on plaintiffs

Refers to the effects or consequences experienced by individuals who bring discrimination claims. This can include emotional distress, economic loss, and social stigma.

Impacts on defendant

Refers to the consequences faced by individuals or organizations accused of discrimination, which may include legal costs, reputational damage, and potential changes to policies or practices.

Damages/compensation

The amount of money you get

Special damages

Damages that can be calculated exactly eg. doctors bill

General damages

Pays for the loss thats harder to measure eg. anxiety

Aggravated damages

Pays for humiliation towards the plaintiff

Mandatory injunction

Punishment in which you have to do

Restrictive injunction

A punishment that stops you from doing something

Compensation

Remedy

An order from the court

Injunction