Legal Studies CAT3

What is the standard of proof?

The standard of proof in civil law is balance of probabilities.

Who bears the burden of proof?

The plaintiff bears the burden of proof.

2 main goals of civil law

To protect the rights of individuals, To provide a remedy when those rights are breached.

Which party commences proceedings?

The party that commences proceedings is called the plaintiff.

3 essential elements of negligence

Duty of Care, Breach of Duty, Causation and Damage.

3 essential elements of defamation

The statement is defamatory, the statement refers to the plaintiff, the statement was published

Identify members who allowed the appeal

• Lord Atkin

• Lord Macmillan

• Lord Thankerton

Identify the members who wished to dismiss the
appeal

• Lord Buckmaster

• Lord Tomlin

Events that lead to Mrs Donoghue seeking damages
and any harm suffered

Decomposed snail in the bottle, She became ill, No contract, She sued the manufacturer (Mr. Stevenson)

Total amount sought in compensation

In the case of Donoghue v Stevenson, Mrs Donoghue sought £500 in compensation for the harm she suffered.

Identify Mr Stevenson counterclaim

There was no counterclaim (he did not sue her back).
He simply defended the case by arguing he was not legally liable for her injuries.