Chapter 10 - Legal Studies

Damages

an amount of money that one party is ordered to pay to another party for loss or harm suffered. It is the most common remedy in a civil claim

Defamation

a type of tort that involves the action of damaging a person’s personal or professional reputation in the community through the communication of false and untrue statements or informations

Negligence

a type of tort that involves a breach of a duty of care, causing harm or loss

Nuisance

a type of tort that involves interference with a person’s right to use and enjoy private and/or public property

Tort

a term that literally means ‘wrong’; a wrong that interferes with a person’s legally protected interests.

duty of care

(in relation to negligence) the legal obligation to be cautious and careful, keeping other people in mind when doing anything that could harm them

negligence

a type of tort that involves a breach of a duty of care, causing loss or harm

tort

a term that literally means ‘wrong’; a wrong that interferes with a person’s legally protected interests

common law

law made by judges through decisions made in cases; also known as case law or judge-made law (as opposed to statute law)

statute law

law made by parliament; also known as Acts of Parliament or legislation (as opposed to common law)

remedy

any order made by a court (or a tribunal) designed to address a civil wrong or a breach. A remedy should provide a legal solution for the plaintiff for a breach of the civil law by the defendant

causation

the direct relationship between one event [Event 1] and another event [Event 2], where Event 1 was the reason Event 2 happened, and Event 2 would not have happened by itself, without Event 1

nervous shock

a psychological reaction; psychological harm that is more serious than ordinary grief or stress

damages

an amount of money that one party is ordered to pay to another party for loss or harm suffered. It is the most common remedy in a civil claim

contributory negligence

a defence that can be used by a defendant who alleges that the plaintiff contributed to the harm caused by the defendant. If proved, this reduces the damages the defendant has to pay

compensatory damages

an amount of money awarded to a plaintiff for harm, injury, or other losses suffered. It includes general damages, special damages, and aggravated damages

special damages

the amount of money that one party is ordered to pay to another party to compensate for losses that are easily quantifiable (e.g. medical expenses or loss of wages)

general damages

a type of remedy that requires the payment of a sum of money to compensate for loss that cannot easily be quantified (e.g. pain and suffering)

aggravated damages

an amount of money that a defendant may be ordered to pay when a plaintiff has suffered extreme humiliation, embarrassment or insult because of the defendant’s conduct

volenti non fit injuria

a Latin term meaning ‘to a willing person, injury is not done’. Refers to a defence in which the defendant claims that the plaintiff accepted the dangers of a known and understood risk, either expressly or by implication

counterclaim

a separate claim made by the defendant in response to the plaintiff’s claim [and usually heard at the same time by the court]

compensatory damages

an amount of money awarded to a plaintiff for harm, injury, or other losses suffered. It includes general damages, special damages, and aggravated damages

special damages

the amount of money that one party is ordered to pay to another party to compensate for losses that are easily quantifiable (e.g. medical expenses or loss of wages)

general damages

a type of remedy that requires the payment of a sum of money to compensate for loss that cannot easily be quantified (e.g. pain and suffering)

aggravated damages

an amount of money that a defendant may be ordered to pay when a plaintiff has suffered extreme humiliation, embarrassment or insult because of the defendant’s conduct

Act of Parliament

a law made by parliament; a bill that has passed through parliament and has received royal assent (also known as a statute)

defamation

a type of tort that involves the action of damaging a person’s personal or professional reputation in the community through the communication of false and untrue statements or information

ombudsman

an office holder with power to investigate and report on complaints relating to administrative action taken by government departments and other authorities or bodies

injunction

a remedy in the form of a court order requiring the defendant to do something or not to do something. An injunction is designed to prevent a person doing harm (or further harm), or to rectify a wrong