Legal Studies - Civil Law

What is Civil Law

The branch of private law that resolves disputes between individuals or organisations and provides remedies such as compensation.

What is the Balance of probabilities

The civil standard of proof requiring that an assertion is more likely true than false, representing a likelihood greater than 50%.

What are Special damages?

A subcategory of compensatory awards covering precisely quantifiable financial losses, such as hospital invoices, repair bills, and lost earnings.

What are General damages?

A subcategory of compensatory awards covering non-monetary, non-quantifiable harms such as physical pain, emotional trauma, and diminished enjoyment of life.

What are nominal damages

A trivial monetary award granted to declare that a legal wrong was committed when the claimant suffered no measurable harm or loss.

punitive damages

An exemplary monetary award designed to penalise egregious or reckless conduct and deter similar future behaviour, rather than compensate the claimant.

Specific Performance

An equitable remedy in contract law where a court compels a breaching party to complete their agreed obligations, commonly applied to unique items or land.

Mandatory injunction

A court order that compels an individual or entity to carry out a positive act or service.

prohibitory injunction

A court order that restrains an individual or entity from performing or continuing a specific act.

interlocutory injunction

A temporary court order granted while legal proceedings are ongoing to preserve the existing state of affairs until trial.

Quia timet injunction

A court order granted to prevent an anticipated or threatened wrongful act before any harm has taken place.

Ex parte injunction

An urgent court order granted upon the application of one party without prior notice to or hearing from the opposing party.

Permanent injunction

A final court order concluding a case that establishes an enduring, perpetual obligation to act or cease an action.

Strict liability

A legal standard where a defendant is held responsible for harm irrespective of fault, intention, or lack of reasonable care.

Vicarious liability

A doctrine where an employer is held strictly accountable for civil wrongs committed by an employee in the course of employment.

Elements of negligence

The four legal components required to establish civil fault: duty of care, breach of duty, causation, and resulting damage.

Neighbour principle

Lord Atkin's formulation stating that one must avoid acts or omissions reasonably foreseeable to harm persons closely and directly affected by one's conduct.

Donoghue v Stevenson (1932)

The landmark House of Lords case establishing modern tort law and the duty of care owed by manufacturers directly to consumers.

Ratio decidendi

The underlying legal reasoning or principle upon which a court bases its binding judgment in a case.

Civil Liability Act 2003 (Qld)

The Queensland statutory framework governing the principles and limitations of liability in tort and negligence.