UNIT 2 LEGAL STUDIES CIVIL LAW AOS 1

Purpose of civil law

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

Types of civil law (9)

• Workplace law

• Contract law

• Consumer protection law

• Property law

• Family law

• Wills and probate law

• Negligence law

• Defamation law

• Misleading and deceptive conduct

Remedy

a legal solution where a party who has suffered harm or a

legal wrong can seek compensation or action for their

grievances through the legal system.

Other purposes, as a means to achieve

the primary purpose of civil law (3)

• Providing a system for parties to pursue rights protection.

• Resolving disputes and providing remedies between individuals, businesses, or organisations.

• Establishing guidelines for appropriate behaviours.

VCAT

A tribunal where many, smaller civil cases are heard in Victoria.

Sue

Bringing legal action against another party

Breach

When a duty or obligation has been broken by a party.

Duty of care

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

TOCL Negligence

Negligence is a legal concept that refers to a breach of a duty of care owed by one party to another, resulting in harm or damage to the party owed the duty.

TOCL Defamation

Defamation is a legal concept that pertains to the communication of false statements about an individual or entity to a third party, which harms the reputation

of the subject.

Defamation can take the form of spoken or written statements and includes both published and unpublished communication.

TOCL Misleading and deceptive conduct

Misleading or deceptive conduct is a type of civil law that aims to protect consumers and businesses from being misguided when engaging in commercial transactions (such as unfair contract terms, or product safety).

Plaintiff

A person who brings a case against another person.

Defendant

An individual, company or group who have been sued.

What constitutes a breach? (2)

1- The defendant must, in some way, have failed to observe laws or obligations, or impacted the rights of the plaintiff.

2- The plaintiff must demonstrate that the breach exists. Given the onus is on the plaintiff, the defendant can simply

Causation

The defendant's actions must have resulted in harm to the plaintiff. Causation refers to the link between the breach of duty and the harm suffered by the affected party.

Cause and effect (3) causation

1- The plaintiff must prove that the harm (financial, physical, mental etc) was caused by the defendant's actions.

2- There must be a causal link. The defendant's actions (or inactions) must have lead to the plaintiff's loss.

3- The 'but for' test can be applied here - 'but for' the defendant's actions, would the plaintiff have suffered loss?

Loss (5)

Some form of loss or harm must be present for a civil case to occur.

• Economic and financial loss - loss of wages, earning capacity, profits, medical expenses.

• Property damage - damaged car, house, clothing or goods.

• Personal injury - physical damage to a person such as cuts, broken bones, lost limbs, etc.

• Pain and suffering - mental anguish, anxiety or depression.

• Loss of amenity - loss of enjoyment of life, job satisfaction, family life, enjoyment of hobbies.

define loss

the harm or damage suffered by the affected party as a result of the breach of duty.

Define breach

Breach of duty refers to a failure to meet a legal obligation or duty

Limitation of actions

A restriction on the time limit in which a plaintiff must commence a civil action in court.

different types of civil cases have a different limitation of action.

why Limitation of actions 2

To ensure timely resolution of issues

Evidence is more relevant

Burden of proof

The responsibility of a party to prove the facts of a case.

The burden of proof is on the plaintiff.

Plaintiff

a person who brings a case against another person in a court of law.

Who must prove the case?

How do they do this?

The burden of proof is on the plaintiff. The plaintiff must demonstrate that the defendant committed a civil wrong and is liable for their loss.

It could be the:

• person who was defamed.

• person injured, due to someone else's negligence.

• person being deceived or misled.

How do they do this?

• Gather evidence

• Present to court/tribunal

Standard of proof

on the balance of probabilities

• In must be more likely than not that the defendant committed the wrong against the plaintiff.

Demonstrating this will allow for civil remedies to be awarded to the plaintiff.

define Standard of proof

The degree to which the facts of a case must be proven in court.

Possible plaintiffs to a civil dispute 2 individuals

1- Aggrieved party (The person whose rights have been infringed or has suffered a loss.)

2- Other victims (Individual or group who has indirectly

suffered loss. family members, witnesses)

Possible plaintiffs to a civil dispute 2 groups

1- Class action (When more than one plaintiff wishes to take legal action, a class action/representative proceedings may be appropriate. • Must be 7 or more people claiming against the same defendant.

2- Insurers (Individual or businesses who provide insurance who may be entitled to money paid in a claim.)

Vicarious liability

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