Unit 2 - AOS 1 (civil liability)

• what is the purpose of civil law

  Civil law is an area of law that defines the rights and responsibilities of individuals, groups and organizations in society and regulates private disputes  
• what are the 3 purposes of civil law


  Achieve social cohesion, Protect the rights of individuals, Provide compensation 
• what is the meaning of social cohesion


  it provides guidelines for acceptable behavior. If those guidelines did not exist, some individuals might exploit or abuse the rights of others.  
• what does compensation mean


  civil law provides a way to return the person harmed, as far as possible, to the position they were in before the harm. 
• how does civil law achieve its purpose


  Establishes the law, Decides the law, Enforces the law 
• what is negligence 


  refers to a person failing to take reasonable care and this failure resulting in loss or damage to another. 
• what is defamation 


  A communication from one person to at least one other that harms the reputation of an identifiable third person, where the communicator (the publisher) has no legal defense. 
• what is family law


  a body of law regulating family relationships, including marriage and divorce, the treatment of children, and related economic matters. 
• what is contractual disputes 


  a conflict or disagreement between parties over the terms of a legally binding contract.
• what is nuisance 


  a substantial, unreasonable and repeated or ongoing interference with the use or enjoyment of a Neighbour's land 
• plaintiff


  aggrieved party. the person who has suffered the loss or whose rights have been infringed. 
• defendant 


  the wrong doer. the person or company who directly caused the loss or damage to the plaintiff. 
• Representative proceedings/class action 


  Where a group of 7 or more people have all suffered loss due to a similar set of facts and plan to initiate a civil action against the same defendant. 

  One member of the group becomes the lead plaintiff. The case is carried out in their name and they are responsible of all of the costs. 
• causation


  that act caused the harm suffered by the plaintiff. 

  • The plaintiff needs to prove that the actions of the defendant caused or resulted in the harm suffered by the plaintiff. 
  • There needs to be a causal link between the actions (or inactions) of the defendant, and the harm that the plaintiff suffered.  
• loss

  The plaintiff suffered loss as a result of the harm suffered. 

  • Once a breach has been established and it is proven the defendant caused this breach, the court must determine whether the plaintiff has suffered loss.  
  • In order for the plaintiff to receive a remedy, the loss must be legally recognizable.  
  • It must also be able to be quantified.  
• Breach – failure to uphold a legal obligation  


  The duty of care is breached (broken) when the defendant fails to do what a reasonable person would have done.
• consumer law


  Not engaging in deceptive conduct when selling goods to consumers. 
• employment law


  Paying employees the correct wages and giving appropriate breaks. 
• what are the 4 elements of negligence

  1. DUTY OF CARE was owed 
  2. The duty of care was BREACHED
  3. CAUSATION - the breach of duty of care caused harm to the plaintiff 
  4. INJURY/HARM, LOSS OR DAMAGE was suffered  
• limitation of actions in negligence 


  • The limitation period is the legal time-frame in which a plaintiff needs to bring their civil action. 
  • General negligence claims (claim for property damage) - 6 years  
  • An action for damages where personal injury includes  Disease or disorder – 3 years  
  • An action for damages where the injury was death or personal injury – 3 years for injury, 12 years death 

   
• what are the 2 defences to negligence

  Contributory negligence – a formal defence to negligence which claims the plaintiff contributed to the harm caused by the defendant. If proved, this will reduce the damages the defendant has to pay  

  Assumption of risk – a defence in which the defendant claims that the plaintiff accepted the dangers of a known and understood risk, either expressly or by implication  
• what are the 3 elements of defamation

  • The statement is defamatory: To be defamatory the statement must negatively impact the plaintiff
  • Statement refers to the plaintiff
  • Statement has been published by the defendant: 
• limitations of actions in defamation


  • An action for defamation must be brought within one year from the date of the publication of the matter. 
  • An extension can occur, but an application to the court is required. A court may extend the limitation period by up to 3 years from the date of the publication. 
• defences to defamation 


  • n
• defences to defamation 


  1. Truth: Contextual truth – mostly true. 

  • Justification - The statements are substantially true. 
  • Innocent dissemination – protects distributors of
  • Triviality – protects the publishing of defamatory statements that are likely to cause the plaintiff harm. 

   

  1. Honest opinion: protects the words of reviewers and commentators whose job it is to share their opinion. 

   

  1. Privilege: absolute privilege – in parliament. 

  • Qualified privilege – cases on public record