Civil Law

0.0(0)
studied byStudied by 0 people
learnLearn
examPractice Test
spaced repetitionSpaced Repetition
heart puzzleMatch
flashcardsFlashcards
Card Sorting

1/61

flashcard set

Earn XP

Description and Tags

Flashcards for Civil Law lecture review.

Study Analytics
Name
Mastery
Learn
Test
Matching
Spaced

No study sessions yet.

62 Terms

1
New cards

Contract

A legally binding agreement between 2 or more people; can be written or verbal.

2
New cards

Written contract

Things of value/importance e.g. sale on house, employment contact.

3
New cards

Verbal contract

e.g. Supermarket shopping.

4
New cards

Capacity to contract

Must be 18 or over, and not mentally impaired e.g. disability, ABI, dementia, duress.

5
New cards

Exception to capacity to contract

Employment and necessities to life e.g. rental agreement, utilities.

6
New cards

Elements of a valid contract

Invitation to treat, Offer, Counter offer, Acceptance, Consideration.

7
New cards

Invitation to treat

Where the seller advertises goods or services to a customer for a price.

8
New cards

Offer

A written or oral statement of a person addressed to another which will bind the person to the offer.

9
New cards

Counter offer

Where the seller does not accept the offer and suggests an alternate price.

10
New cards

Acceptance

Where the seller accepts the offer made by the buyer (oral or written statement showing a person will accept the offer).

11
New cards

Consideration

Exchange of something of value for the goods and services agreed to in the contract; usually money.

12
New cards

Breach of contract

Occurs when one party does not do what they promised in the contract. e.g. not performing the work, performing the work below expected standard/poorly, not paying on time, not providing the good or service as promised.

13
New cards

Parties Involved (Civil Law)

Defendant; caused injury or loss to plaintiff. Plaintiff; sues for injury or loss caused by the defendant, has the burden of proof.

14
New cards

Civil Law Aim

To resolve disputes, compensate, and restore the person to the position they were in as far as practicable.

15
New cards

Civil Law Parties

Plaintiff vs. Defendant.

16
New cards

Civil Law Standard of Proof

Balance of probabilities - more probable than not.

17
New cards

Civil Law Burden of Proof

Plaintiff.

18
New cards

Civil Law Outcome

Monetary compensation - damages.

19
New cards

Civil Law Decision

Liable or not liable.

20
New cards

Criminal Law Aim

To protect and punish.

21
New cards

Criminal Law Parties

Prosecution vs accused.

22
New cards

Criminal Law Standard of Proof

Beyond reasonable doubt.

23
New cards

Criminal Law Burden of Proof

Prosecution.

24
New cards

Criminal Law Outcome

Sanctions - jail or fine.

25
New cards

Criminal Law Decision

Guilty or not guilty.

26
New cards

Civil Law Definition

Disputes between two or more individuals or groups where an individual's or group's rights have been infringed.

27
New cards

How Civil Law Works

When a person or group believes their rights have been infringed, they can sue the person who has infringed their rights.

28
New cards

The Need for Civil Law

Protection of rights and recognize responsibility.

29
New cards

Negligence

A tort (civil wrong) that occurs when someone breaches a duty of care causing foreseeable harm, loss or injury to another person.

30
New cards

Elements of Negligence

Duty of care was owed, duty of care was breached, harm or loss occurred as a result (causation), the harm was not too remote (it was foreseeable).

31
New cards

Defenses to Negligence

No duty of care was owed, duty of care was not breached, no damage occurred, right may have been breached.

32
New cards

Additional Defenses (Negligence)

Contributory negligence and voluntary assumption of risk.

33
New cards

No Duty of Care Was Owed explanation

Not reasonably foreseeable that the action would cause loss or damage.

34
New cards

Duty of Care Was Not Breached explanation

No breach if defendant acted as a normal person would and injury resulted by accident.

35
New cards

No Damage Occurred explanation

Or the injury was caused by other means.

36
New cards

Right May Have Been Breached explanation

No damage suffered.

37
New cards

Contributory Negligence

Plaintiff contributed to the damages; a person injured is in some way partly responsible for the injury.

38
New cards

Voluntary Assumption of Risk

Plaintiff willingly took a risk; person willingly consented to the risk and fully was aware of the dangers.

39
New cards

Remedies

A solution given to someone who has been wronged by the court.

40
New cards

Remedies Branches

Damages and Injunctions.

41
New cards

Damages

A sum of money paid to the plaintiff by the defendant as compensation for injury, loss, damage, or harm.

42
New cards

Injunctions

A court order directing someone to stop doing a certain act, or compelling someone to do a certain act.

43
New cards

Purpose of Remedies

To return the plaintiff to the position they were in before their rights were infringed and to compensate.

44
New cards

Types of Damages

Compensatory and non-compensatory.

45
New cards

Compensatory Branches

Specific, general, aggravated.

46
New cards

Non-Compensatory Branches

Exemplary.

47
New cards

Specific Damages

Can be given a precise monetary value; can be listed e.g. medical expenses, loss of wages which are easily quantifiable.

48
New cards

General Damages

Assessed by the court according to the magnitude of the wrong done and the long-term consequences of the wrong, taking into consideration long-term job prospects, pain and suffering, and future loss of wages; not quantifiable.

49
New cards

Aggravated Damages

Can be awarded to compensate the plaintiff further if the court believes that the defendant's conduct injured the plaintiff's feelings by causing humiliation or insult.

50
New cards

Compensatory Damages

Intended to compensate the plaintiff for actual losses suffered as directly as possible.

51
New cards

Non-Compensatory Damages Definition

Not intended to compensate plaintiff but to punish defendant for their actions.

52
New cards

Exemplary Damages

Damages requested and/or awarded in a lawsuit when the defendants willful acts were malicious, violent, oppressive, fraudulent or grossly reckless.

53
New cards

Injunctions Can Be Either

Restrictive/prohibitive and mandatory.

54
New cards

Prohibitive Injunctions

Ordering a person to refrain from undertaking an action (such as pulling down a building).

55
New cards

Mandatory Injunctions

Ordering a person to do a particular act, such as performing their part of a contract they have breached.

56
New cards

Donoghue vs Stevenson Case

Took place in a cafe in 1932; Donoghue and friend were customers; Stevenson was manufacturer of beer brand.

57
New cards

Donoghue vs Stevenson Case Facts

Manufacturer (Stevenson) has a duty of care for the final customer (Donoghue); Donoghue sued the manufacturer(Stevenson) for negligence; Donoghue suffered from illness as a result of negligence; friends had contract with cafe; no contract with manufacturer.

58
New cards

Donoghue vs Stevenson Case Outcome

Acknowledged a duty of care and established tort of negligence in British law.

59
New cards

Torts

A civil wrong that causes someone to suffer loss, harm, or injury and the person responsible can be sued for compensation.

60
New cards

Neighbor Principle

everyone you can reasonably foresee being harmed/injured or loss by your actions

61
New cards

Purpose of Injunctions

to rectify a situation caused by the person who was found to be in the wrong.

62
New cards

Purpose of Negligence

protecting individuals from careless behavior that causes harm