legal studies

civil law: area of law that regulates disputes between individuals and groups to enforce rights and remedy the civil wrong.

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civil law parties: plaintiff and defendant

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main purposes of civil law: provide an avenue for dispute resolution, restore injured party back to their original position, achieve social cohesion, and protect rights.

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breach: the defendant breached a civil right of the plaintiff.

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loss: the plaintiff suffered a recognised loss / harm

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causation: where there is a direct link between the actions of the defendant and the plaintiff's loss.

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limitation of action: reasons why a case may not be able to be heard by a court.

Highlighting key words…

standard of proof: strength of evidence required to prove the facts of the case.

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burden of proof: responsibility of a party to prove the facts of the case.

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in tort law: area of law covering civil wrongs. breach generally needs to be intentional or negligent.

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in contract law: legally binding agreement. breach usually comes from not meeting required terms of the contract.

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test for causation: but for test, substantial cause test.

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but for test: but for the defendant's breach, the plaintiff wouldn't have suffered loss.

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substantial cause test: defendant's breach was the leading cause of loss.

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reasons for limitation of actions: prevent injustice, keep evidence reliable.

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limitation of actions for civil wrongs: defamation (1 year), negligence (3 years), contract (6 years).

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plaintiff: party who initiates a civil claim as they allege their rights have been infringed and they have suffered loss.

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defendant: party who is alleged to have breached their responsibilities towards the plaintiff and caused loss.