Lesson 05

• Possible Plaintiff

  Aggrieved Party is a person whose rights have been infringed and who has suffered loss
• Class Actions

  A group of people who all have the claims against the same party

  Representive proceeding = main type

  • Brought in the name of one person (lead plaintiff) on behalf of someone else
  • 7 or more people
  • Claims relate to the same, similar, or related circumstances
  • Same issues need to be decided
• Possible Plaintiff

  Other victims - other people who has indirectly suffered loss or damage as a result of actions against another person.

  • Family member
  • Somebody may have been close to an event and suffered loss and damage as a result (‘nervous shock’)
• Possible Plaintiff

  Insurers are individuals or companies who enter into an insurance policy with another person (insured).

  Insurer will agree to provide insurance
• Possible defendants

  Wrongdoer - sue the person or company that has directly caused the loss or damage to the plaintiff.

  There may be more than one (e.g Hospital & Doctor)
• Possible Defendant

  Persons involved in wrongdoing

  • aided, abetted, procured
  • induced, urged
  • directly or indirectly a party to wrongdoing
• Accessorial liability

  Sue somebody else who was involved
• Possible Defendant

  Employer

  Establish that plaintiff was an employee in course of employment when claim occured

  Some connection between act and employment

  If employee was in position of authority, power or trust and able to intimidate the victim - employer liable
• Vicarious liability

  somebody becomes responsible for the actions of another
• Possible Defendant

  Insurer

  Agree to compensate to the insured if the insured suffers some form of loss

  • directors and officers of companies
  • public liability insurance
  • workers compensation