Legal Studies, Unit 2 AOS 1

Civil Law

An area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes.

Civil Liability

Legal responsibility for harm due to civil law breach.

Tort

Civil wrong

Breach

A breaking of or failing to fulfil or comply with a duty or obligation.

Causation

The plaintiff needs to prove that the defendant’s actions caused or resulted in the harm suffered by the plaintiff, and that the harm would not have occurred if the defendant had not acted in the way they did.

Loss

A type of harm or damage suffered by a person that a Plaintiff must show to obtain remedy.

Limitation of Actions

The time period where a wronged party can sue the wrongdoer.

Defamation

A type of 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.

Elements of Defamation

1) The statement is defamatory

2) The statement is untrue

3) The statement refers to the plaintiff

4) The statement has been published by the defendant

5) The defamatory material has caused, or is likely to cause, serious harm to the plaintiff

Libel

Defamation in permanent form like print or TV.

Slander

Defamation in non-permanent form like spoken word.

Defences to Defamation

1) Justification

2) Contextual truth

3) Absolute privilege

4) Publication of public documents

5) Qualified privilege

6) Fair report of proceedings for public concerns

7) Public interest

8) Honest opinion

9) Innocent dissemination

10) Triviality

11) Speaking ill of the dead

Justification

A defamatory statement is substantially true.

Contextual truth

Defamatory statements are made within the same context as statements that are substantially true, and the defamatory statements does not further harm the reputation of the plaintiff.

Absolute Privilege

Protection in conversation, a defendant has complete immunity from being sued.
(eg. husband’s & wive’s, lawyer & client, doctor & patient, and proceedings in parliament).

Publication of public documents

The published statement was a fair copy, summary or extract of a public document, that was published for the public or for educational purposes.

Qualified Privilege

Acts reasonable to circumstances without malice or spite.
(eg. comments between parents and teachers)

Fair report of proceedings for public concerns

The statement was a fair report of proceedings, and was published for the public’s information or for educational purposes.

Public interest

The defendant reasonably believed that the publication of the matter was in the publics interest.

Honest Opinion

The defamatory material is an expression of their honest opinion (as a commentator) rather than a statement of fact.

Innocent dissemination

The defendant unknowingly distributed defamatory information.

Triviality

The defamatory material was unlikely to cause harm to the plaintiff

Speaking ill of the Dead

The person defamed dies, and therefore the action to sue dies with them.

The Tort of Nuisance

A type of tort that involves interference with a person’s right to use and enjoy private and/or public property

Private Nuisance

A type of tort that involving an act or omission that substantially and unreasonably interferes with the use and enjoyment of land.

Public Nuisance

A type of tort that involving an act or omission that interferes with the comfort or convenience of a number of people to a considerable degree.

Elements of Nuisance

1) The plaintiff has a property right over the land

2) There has been interference with the plaintiff’s use and enjoyment of the land

3) The plaintiff has suffered damage

Defences to Nuisance

1) The plaintiff has not established the elements of nuisance

2) Statutory authorisation

3) Consent

4) Reasonable use

Statutory Authorisation

Legislation allows the conduct that the plaintiff has claimed constitutes nuisance.

Consent

The plaintiff gave consent to the activity that is now being claimed as having caused injury, loss, or damage.

Reasonable Use

The defendant's use of land is considered reasonable.