Civil Liability- Legal studies units 1&2
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Civil Liability- Legal studies units 1&2 - Marcador
Civil Liability- Legal studies units 1&2 - Detalles
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57 preguntas
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| What are the elements in breach? | These consist of being in negligence, contract laws, sexual harrassment claims and in discrimation claims. |
| Describe the element of breach in contract law? | This means that the plaintiff may allege that the defendant has breached an agreement that was reached between them. |
| Describe the element of breach in negligence? | This means that the plaintiff may allege that the defendant breached there duty of care to the plaintiff. |
| Describe the element of breach in sexual harrassment? | This means that the plaintiff may allege that the defendant breached the relevent laws that prohibit people from sexually harrassing another person. |
| Describe the element of breach in a discrimination claim? | This means that the plaintiff may allege that the defendant breached the relevant laws that prohibit people and organisations from discriminating against a person on the basis of a personal charactaristic. |
| Define breach? | Breach is the concept of failing to for fill an obligation. |
| What is causation? | This is when the plaintiff needs to prove that the defendant's actions resulted in the harm suffered by the plaintiff, and that the harm would not of occured if the defendant had not acted the way that they did. |
| Define loss? | The fact or proccess of losing something or someone. |
| What are the types of loss? | These include property damage, pain & suffering, economic/financial, loss of amenity, and personal injury. |
| Explain the type of loss economic or finnancial? | This includes the loss of a business or income. |
| Explain the type of loss, loss of amenity? | This includes loss of satisfaction of life and loss of family life or enjoyment of hobbies. |
| Explain the type of loss personal injury? | This includes the plaintiff suffering, bruises, cuts or broken bones. |
| Explain the type of loss property damage? | This can include car being damaged, your house, clothing or goods. |
| Explain the type of loss pain & suffering? | This can include, mental augnish, anxiety or depression. |
| What us the limitation of actions and why is this important to our legal system? | Is the restriction of bringing a civil law claim after the allowed time period. This is necessary since it ensures that cases can be dealt with in a timely manner, as well as supplying the fact that there will be less false claims. |
| What is the burden of proof? | Is the obligation of a party to prove a case, in a civil case this lies with the plaintiff. |
| What is the standard of proof? | Is the degree or extent to which a case must be proven in court, in a civil case the plaintiff must prove that the case on balance of probabilities. |
| Define tort law? | Is a civil wrong that causes a person to suffer loss or harm. |
| What is a remedy? | What is given after a civil case for example compensation. |
| What is the representive of proccedings? | A legal procceding in which a group of people who have a claim based on simular or related facts bring that claim to court in the name of one person. |
| What is the balance of probabilities? | The standard of proof in civil disputes, this requires the plaintiff to establish that it is more likely than not their version of the facts is correct. |
| What is the defence ausumption of risk? | Is a defense to negligence in which the plaintiff must actually have been aware of the risk. |
| What are the types of civil law? | This includes, negligence, defamantion, tresspass, nusiance laws, wills & inheritance laws, contract laws, family law, employment laws, equal opportuinity & discrimination laws. |
| How does civil law achieve its purposes? | By, establishing the law, deciding the law, and enforcing the law. |
| What are the potential plaintiffs in a civil dispute? | The aggrieved party, Insurers and other victims. |
| Describe the potential plaintiff, the aggrieved party? | The person whose rights have been infridged & suffered loss. |
| Describe the potential plaintiff, Insurers? | Individuals or companies that enter into an insurance policy with a person. |
| Describe the potentinal plaintiff, Other vicims? | A person who has indirectly suffered loss or damage as a result of the actions of another party. |
| What is the right of subrogation? | Is the right to 'step into the shoes' of an insured person and act on their behalf. |
| What are the possible defendants in a civil dispute? | The wrongdoer, employers, Insurers and a person involved in the wrongdoing. |
| Describe the possible defendant, the wrongdoer? | The person or company that has directly caused the plaintiff loss or damage. |
| What is vicarious liability? | Is when somebody becomes responsible for the action's of another. |
| What are the elements that must be present in negligence? | Duty of care, Breach, Causation, Injury/loss/damage. |
| Define negligence? | When a person is obligted to take the care when it is reasonably forseeable that other people could be harmed by their actions or omissions. |
| Explain one element that must be present in negligence specifically duty of care? | The defendant owed a duty of care to the person injured. |
| Explain one element that must be present in negligence specifically breach? | The defendant breached the duty of care. |
| Explain one element that must be present in negligence specifically causation? | The breach of duty of care caused the harm to the plaintiff. |
| Explain one element that must be present in negligence specifically injury, loss, damage? | The wronged person has suffered injury, loss or damage. |
| What are the exemptions of duty of care? | Volunterry, Donating food, Being a good samaritian, participating in risky recreational activities. |
| What is the defence contributory negligence? | The plaintiff contributed to the harm caused by the defendant. |
| What is the possible impacts to the plaintiff of negligence? | Loss of life, permament physical incapacity, serious physical injury, emotional impact of the breach, loss of wages & livelihood, unemployment, effects on mental health. |
| What is the possible impacts to the defendant of negligence? | Loss of business, public humiliation, physical injury, costs, the need to sell assets. |
| What is the role of common law in establishing elements & defences in negligence? | The tort of negligence was established by the landmark British case of Bonoghue v Stevenson. |
| What is the role of statue law in establishing elements & defences in negligence? | Part X was inserted into the Wrongs act in 2003 in response to the findings of a comititee that inquired into, and made recomonedations about negligence laws. |
| Define defamation? | Is a type of tort law that involves the action of damaging a person's personal or professional reputation in the community through the communication or false an untrue statements or information. |
| What are the rights protected by defamation laws? | The right to freedom of expression, to be considered of good charactar and reputation, to have the reputation protected by placing limits on freedom of expression, people whose repuations have been harmed to seek effective and fair remedies and the right to a quick and effective method of resolving a dispute in relation to defemation. |
| What elements must be present and proven in defemation? | The statement of defamatory, the statement is untrue, refers to the plaintiff, has been published by the defendant. |
| What impacts does defemation have on the plaintiff? | Loss of reputation, emotional impact of defamatory material, loss of wages and livelihood, unemployment. |
| What impacts does defamation have on the defendant? | Costs, need to sell assets and public humiliation. |
| What is the role in developing the elements of common law in defamation? | Prior to 2006, the law of defamation, in Victoria was governed by common law. |
| What is the role in developing elements of statue law in defamation? | In 2005, defamation law in Australia underwent major reform when uniform defamation legislation was introduced by the state and terriroty parliaments. |