Civil Law Basics Practice Flashcards

Vocabulary-style flashcards covering civil law foundations, contract law, negligence, nuisance, and defamation based on the lecture notes.

Civil Law

A legal system that regulates disputes between individuals, groups, and organisations with the purpose of providing a remedy for loss, injury, or infringement of rights, generally through compensation rather than punishment.

Plaintiff

The party in a civil case who brings the claim against another party.

Defendant

The party in a civil case who responds to the claim brought by the plaintiff.

Onus of Proof

The responsibility of proving the case, which rests with the plaintiff in civil law matters.

Standard of Proof

The level of certainty required in a civil case, known as the balance of probabilities.

Balance of Probabilities

The civil standard of proof meaning the plaintiff must prove their version of events is more likely true than not true.

Mediation

A process where an independent third party helps the parties involved in a dispute negotiate a settlement before reaching court.

Discovery

A pre-trial process where parties exchange relevant documents to encourage fairness and help resolve disputes without a trial.

Contract

A legally enforceable agreement between two or more parties.

Offer

A proposal made by one party to another as one of the four required elements of a valid contract.

Acceptance

The agreement to the exact terms of an offer, necessary for a valid contract.

Intention to Create Legal Relations

An element of a valid contract where both parties mean for the agreement to be legally binding.

Consideration

Something of value exchanged between parties in a contract, which is usually money.

Capacity to Contract

The legal ability to enter a contract, generally requiring a person to be $18$ years old, with exceptions for necessaries and service contracts.

Invitations to Treat

Advertisements that invite customers to make offers rather than creating a contract or valid offer themselves.

Carlill v Carbolic Smoke Ball Company ($1892$)

A key case establishing that advertisements can constitute a valid offer if a reasonable person would believe the advertiser intended to be legally bound, such as by depositing $\text{\pounds}100$ in a bank.

Damages (Contract Law)

Monetary compensation awarded to place the innocent party in the position they would have been in if the contract had been properly performed.

Specific Performance

A court order requiring a party to carry out their contractual obligations, used when money alone is inadequate compensation.

Rescission

The cancellation of a contract where a party was misled, pressured, or deceived, releasing both parties from their obligations.

Negligence

Occurs when a person fails to take reasonable care and another person suffers harm as a result.

Duty of Care

The legal obligation of a defendant to avoid causing foreseeable harm to a plaintiff.

Breach of Duty

The failure of a defendant to meet the required standard of care.

Damage (Negligence)

The element of negligence where the breach directly caused injury, loss, or harm to the plaintiff.

Donoghue v Stevenson ($1932$)

The 'snail in the bottle' case which created modern law of negligence and established that manufacturers owe consumers a duty of care.

Neighbour Principle

A concept introduced by Lord Atkin stating that people must take reasonable care to avoid acts or omissions that could reasonably foreseeably harm others.

Special (Specific) Damages

Compensation for measurable financial losses, such as medical expenses, rehabilitation costs, or loss of income.

General Damages

Compensation for losses that cannot be easily calculated, including pain and suffering, emotional distress, and reduced quality of life.

Nuisance

A civil wrong protecting a person's right to use and enjoy their property without unreasonable, ongoing interference such as noise or smells.

Injunction

A court order requiring a defendant to stop a nuisance or prevent the publication of defamatory material.

Defamation

The protection of people from false statements published to others that damage their reputation or professional standing.

Wilson v Bauer Media Pty Ltd

A key case confirming that publishing false statements damaging a person's reputation and professional opportunities can result in substantial damages.