Legal Studies unit 2 AOS 1

Civil Law

deals with disputes between two parties, in which one party’s right have been infringed.

civil law aims to

provide guidelines, protect rights, provide avenues for people to seek compensation and tries to remedy any harm that the plaintiff has experienced

civil law achieves its aims by

establishing legal standards, deciding the law and through enforcing it

key concepts of civil law

Breach, loss causation

breach

breaking or failing to fulfill an obligation

causation

the direct relationship between one event and another event, where one event was the reason event happened.

loss

a disadvantage experienced by a party due to an action or the inaction of another party.This can include financial loss, emotional distress, or physical damage resulting from a breach of duty.

limitation of actions

the restriction on bringing a civil claim after the allowed time for example you can only find someone liable for breach of contract if the breach occurred within the last 6 years

burden of proof vs standard of proof

The burden of proof refers to the responsibility of proving the facts whereas The standard of proof refers to the extent to which a case must be proven.

plaintiff

A plaintiff is the party that initiates a civil claim against the defendant in court

Defendant

the party who is being sued by the plaintiff for an alleged breach of civil law needing to defend themselves against the claims made against them

Aggrieved party

the individual or group who has directly suffered loss and has had their rights breached

other victims

a group or individual who has indirectly suffered loss as a result of the actions against the aggrieved party for example family members friends or witnesses

insures - plaintiffs

individuals or corporations that provide insurance to another party. insurers may be entitled to compensation if they have paid out insurance for loss caused by another party

wrongdoer

the individual or group who has directly caused or instigated the loss or suffering of a plaintiff breaching their civil rights

employers

an individual or corporation that employs the plaintiff and has directly or indirectly caused their loss

insurers - defendants

individuals or corporations that provide insurance to another party. a plaintiff may initiate a claim against an insurers if they were denied compensation for loss or suffering they believe is covered by insurance

vicarious liability

When a party is indirectly responsible for a plaintiff’s suffering or loss

class actions

Legal proceeding brought by one or numerous plaintiffs (lead plaintiff) acting for themselves as well as on behalf of a wider group of people (group members) who have a claim with similar facts and legal issues to be resolved

Negligence

Legal proceeding brought by one or numerous plaintiffs (lead plaintiff) acting for themselves as well as on behalf of a wider group of people (group members) who have a claim with similar facts and legal issues to be resolved

Negligence Elements: 1 duty of care was owed

Duty of care is the legal obligation to ensure the safety and wellbeing of others, and to avoid conduct that could be reasonably foreseen to harm another person

Negligence elements: 2 duty of care was breached

An act or omission by a defendant that is a failure to uphold their duty of care because the behaviour falls below the standard of care that would be expected of a reasonable person in the same position.

Negligence elements: 3 causation

The breach of duty of care caused the harm to the plaintiff.

Negligence elements: 4 injury, loss or damage

the injury, loss or damage can be physical, or mental, or it can be damage to property.

remoteness of damage

An element of negligence concerned with the extent of liability, which considers whether the consequences of the negligent action were so far removed from it as to have been unforeseeable by the defendant

Contributory negligence

Applies when the plaintiff helped to cause the harmful situation or is partly to blame for the harm done. E.g. an employee not wearing safety equipment.

Voluntary Assumption of risk

Applies when the plaintiff was aware of an obvious risk and voluntarily chose to take the risk. E.g. sports people accepting the risk of any injuries that may result.

negligence impact on plaintiff

• Physical injuries: e.g. broken bones, food poisoning, rashes

• Psychological impact: e.g. fear of returning to work

• Financial impact: e.g. may be required to pay for medical bills or be absent from work due to injuries. Costs of bringing the case to court.

negligence impact on defendant

• Financial impact: e.g. paying damages may be costly. Defendant who is found liable will be required to pay damages to the plaintiff and a large portion of the legal expenses.

• Reputational damage e.g. may result in people not purchasing goods or services from the defendant.

Defamation

Defamation is a tort that involves the action of damaging a person’s personal or professional reputation in the community through the communication of false and untrue statements or information.

Defamation elements: 1 the statement is defamatory

This means that the overall message that is published lowered the plaintiff’s reputation.

Defamation elements: 2 the statement is false

The plaintiff must demonstrate that the statement made against them is false. If the statement is found to be substantially true, the plaintiff cannot be defamed.

Defamation elements: 3 The matter is about the plaintiff

The plaintiff must be either explicitly, or through implication, identifiable as the person defamed by the matter.

Defamation elements: 4 The matter has been published to a third party

A person’s reputation cannot be damaged unless it is published to at least one third party.

Defamation elements: 5 The matter has caused, or is likely to cause, serious harm to the plaintiff’s reputation

As of July 2021, to be successful in a defamation claim, the plaintiff must prove on the balance of probabilities that the matter has caused, or is likely to cause, serious harm to their reputation.

Rights protected by negligence

Safeguard a plaintiff from experiencing unjust harm or loss. Protecting people from harm and ensuring parties that owe a duty of care, uphold their duty. Allows parties to seek a remedy to try and restore the plaintiff to their original position.