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• What is the focus of civil law?

  Civil law focuses on the rights and responsibilities of individuals, government bodies, and private organizations.
• What is the primary purpose of civil law?

  To protect the rights of people within society and provide opportunities for redress for breaches of civil law.
• What are some areas of civil law?

  • Negligence
  • Defamation
  • Nuisance
  • Trespass
  • Contracts
• What does a breach of civil law mean?

  A breach of civil law means that a person or group has committed an action that has caused harm or loss to someone.
• How is a breach of civil law established?

  A breach of civil law must be proven to have occurred and is established through court decisions.
• What is causation in civil law?

  Causation is the relationship between an action and the loss where the action causes the loss.
• What must a plaintiff show in a civil case regarding loss?

  The plaintiff must show that they have suffered some loss caused by the defendant.
• What types of loss are included in civil law?

  Loss can include monetary, physical injury, psychological harm, and damage to reputation.
• What is the burden of proof in civil law?

  The burden of proof lies with the plaintiff who has initiated the civil action.
• How does the standard of proof in civil cases differ from criminal cases?

  The standard of proof in civil cases is lower and is based on the 'balance of probabilities'.
• What is the role of plaintiffs and defendants in civil cases?

  The plaintiff initiates the legal action, while the defendant has civil proceedings taken against them.
• What is the tort of negligence?

  The tort of negligence provides people with an avenue to seek recompense for injury or loss due to the actions of others.
• What are the three elements of negligence?

  The three elements of negligence are duty of care, breach of duty, and damages.
• What is the statute of limitations for civil actions in Australia?

  The statute of limitations generally caps civil action to within 6 years of a civil claim arising.
• What case established the concept of modern negligence?

  The case of Donoghue v Stevenson (1932) established the concept of modern negligence.
• What was the outcome of Donoghue v Stevenson?

  The court found that the manufacturer owed a duty of care to the consumer and awarded monetary compensation.
• How does a breach of duty occur in negligence cases?

  A breach of duty occurs when a person causes damage to another where a duty of care has been established.
• What must be shown for a plaintiff to succeed in a negligence claim?

  The plaintiff must show that they suffered damage as a result of the breach of duty.
• What is contributory negligence?

  Contributory negligence refers to when the plaintiff's actions have contributed to their injuries or trauma.
• What is the role of statute law and common law in civil law?

  Statute law and common law clarify civil law, with statutes overriding common law in many areas.
• What is the impact of negligence on the plaintiff?

  The impact of negligence can include physical injury, psychological injury, medical costs, and financial loss.
• What are the elements required to establish liability in defamation cases?

  The three elements are publication, identification, and defamatory meaning.
• What does the publication element in defamation require?

  Publication requires that the statement is communicated to at least one person other than the plaintiff.
• What is identification in defamation cases?

  Identification requires that the publication refers to the plaintiff in an identifiable way.
• What is defamatory meaning in defamation cases?

  Defamatory meaning refers to statements that lower the plaintiff's reputation or expose them to hatred or ridicule.
• What is the defence of justification in defamation cases?

  The defence of justification protects defendants who prove that the defamatory statements are substantially true.
• What is the defence of honest opinion in defamation cases?

  The defence of honest opinion protects the words of reviewers and commentators presenting their opinions.
• How has Australian defamation law developed?

  Australian defamation law has developed from English common law and has been shaped by new cases over time.
• What is the impact of defamation on the plaintiff?

  The impact of defamation can include economic losses and non-economic losses such as injury to reputation.
• How are damages determined in defamation cases?


  Damages are related to the amount of harm caused by the defamatory statement, including economic loss.