1/61
Flashcards for Civil Law lecture review.
Name | Mastery | Learn | Test | Matching | Spaced |
---|
No study sessions yet.
Contract
A legally binding agreement between 2 or more people; can be written or verbal.
Written contract
Things of value/importance e.g. sale on house, employment contact.
Verbal contract
e.g. Supermarket shopping.
Capacity to contract
Must be 18 or over, and not mentally impaired e.g. disability, ABI, dementia, duress.
Exception to capacity to contract
Employment and necessities to life e.g. rental agreement, utilities.
Elements of a valid contract
Invitation to treat, Offer, Counter offer, Acceptance, Consideration.
Invitation to treat
Where the seller advertises goods or services to a customer for a price.
Offer
A written or oral statement of a person addressed to another which will bind the person to the offer.
Counter offer
Where the seller does not accept the offer and suggests an alternate price.
Acceptance
Where the seller accepts the offer made by the buyer (oral or written statement showing a person will accept the offer).
Consideration
Exchange of something of value for the goods and services agreed to in the contract; usually money.
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.
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.
Civil Law Aim
To resolve disputes, compensate, and restore the person to the position they were in as far as practicable.
Civil Law Parties
Plaintiff vs. Defendant.
Civil Law Standard of Proof
Balance of probabilities - more probable than not.
Civil Law Burden of Proof
Plaintiff.
Civil Law Outcome
Monetary compensation - damages.
Civil Law Decision
Liable or not liable.
Criminal Law Aim
To protect and punish.
Criminal Law Parties
Prosecution vs accused.
Criminal Law Standard of Proof
Beyond reasonable doubt.
Criminal Law Burden of Proof
Prosecution.
Criminal Law Outcome
Sanctions - jail or fine.
Criminal Law Decision
Guilty or not guilty.
Civil Law Definition
Disputes between two or more individuals or groups where an individual's or group's rights have been infringed.
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.
The Need for Civil Law
Protection of rights and recognize responsibility.
Negligence
A tort (civil wrong) that occurs when someone breaches a duty of care causing foreseeable harm, loss or injury to another person.
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).
Defenses to Negligence
No duty of care was owed, duty of care was not breached, no damage occurred, right may have been breached.
Additional Defenses (Negligence)
Contributory negligence and voluntary assumption of risk.
No Duty of Care Was Owed explanation
Not reasonably foreseeable that the action would cause loss or damage.
Duty of Care Was Not Breached explanation
No breach if defendant acted as a normal person would and injury resulted by accident.
No Damage Occurred explanation
Or the injury was caused by other means.
Right May Have Been Breached explanation
No damage suffered.
Contributory Negligence
Plaintiff contributed to the damages; a person injured is in some way partly responsible for the injury.
Voluntary Assumption of Risk
Plaintiff willingly took a risk; person willingly consented to the risk and fully was aware of the dangers.
Remedies
A solution given to someone who has been wronged by the court.
Remedies Branches
Damages and Injunctions.
Damages
A sum of money paid to the plaintiff by the defendant as compensation for injury, loss, damage, or harm.
Injunctions
A court order directing someone to stop doing a certain act, or compelling someone to do a certain act.
Purpose of Remedies
To return the plaintiff to the position they were in before their rights were infringed and to compensate.
Types of Damages
Compensatory and non-compensatory.
Compensatory Branches
Specific, general, aggravated.
Non-Compensatory Branches
Exemplary.
Specific Damages
Can be given a precise monetary value; can be listed e.g. medical expenses, loss of wages which are easily quantifiable.
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.
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.
Compensatory Damages
Intended to compensate the plaintiff for actual losses suffered as directly as possible.
Non-Compensatory Damages Definition
Not intended to compensate plaintiff but to punish defendant for their actions.
Exemplary Damages
Damages requested and/or awarded in a lawsuit when the defendants willful acts were malicious, violent, oppressive, fraudulent or grossly reckless.
Injunctions Can Be Either
Restrictive/prohibitive and mandatory.
Prohibitive Injunctions
Ordering a person to refrain from undertaking an action (such as pulling down a building).
Mandatory Injunctions
Ordering a person to do a particular act, such as performing their part of a contract they have breached.
Donoghue vs Stevenson Case
Took place in a cafe in 1932; Donoghue and friend were customers; Stevenson was manufacturer of beer brand.
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.
Donoghue vs Stevenson Case Outcome
Acknowledged a duty of care and established tort of negligence in British law.
Torts
A civil wrong that causes someone to suffer loss, harm, or injury and the person responsible can be sued for compensation.
Neighbor Principle
everyone you can reasonably foresee being harmed/injured or loss by your actions
Purpose of Injunctions
to rectify a situation caused by the person who was found to be in the wrong.
Purpose of Negligence
protecting individuals from careless behavior that causes harm