UNIT 2

• breach + causation + loss = civil claim
• breach - breaking/ failure to comply with duty
• breach - breaking/ failure to comply with duty
• causation - harm didnt occur if breach didnt
• loss

  • harm
  • damage
  • suffered
• class actions - legal proceeding in which a group of seven or more poeple who have a claim against the same person based on similar facts brings a claim to court in the name of one person
• neglience - breach of a duty of care causing harm/loss

  • duty of care
  • breach
  • causation
  • injury/loss/damage
• negligence defences

  • contributory defence - partial
  • assumption of risk - complete
• contributory negligence - plaintiff contrubuted to harm
• assumption of risk - plaintiff accepted the dangers of a known and understood risk

  • waver
• impact of negligence

  • plaintiff - loss
  • defendent - reputation
• defamation - action of damaging a persons personal/ professional reputation in community through the communication of false statements
• defamation elements

  • statement is defamatory
  • statement is untrue
  • statement refers to plaintiff
  • statement published by defendant
  • statement caused serious harm to reputation
• defamartion defences

  • justification - substantially true
  • contextual truth - true with context
  • absolute privledge - statement published in court proceeding
• defamation defences

  • fair report of proceedings of public concern
  • publication of public doc - for public interest
  • public interest
  • honest opinion- commentator
  • onnicent dissemination - unknowingly
• defamation impact

  • plaintiff - loss of ref
  • defendant - cost
• mediation + conciliation strengths

  • decisions made by parties
  • less formal setting
  • parties assisted by unbias third party
• mediation + conciliation weaknesses

  • non-binding decision
  • one party domination
  • 3rd party have no power to order parties to come to a decision
  • if no cooperation - waste of time
• arbitration strengths

  • binding decision
  • private, confidential - avoice publicity
• arbitration weaknesses

  • not as flexible - limited remedies, outcomes
  • parties have no control over decision
• VCAT - provides victorians with a low-cost, accessible, efficient, independent tribunal that delivers high quality duspute resolution
• VCAT divisions

  • administrative
  • civil
  • human rights
  • planning + environmental
  • residential tenancies
• CAV - conciliates disputes between consumers + trader, tenents + landlords, about the provision of goods and services and about rental properties
• VCAT + CAV STRENGTHS

  • cheaper than court
  • resolve complaints quickly
  • websites - freely available
  • informal
  • independent 3rd party
• VCAT + CAV weaknesses

  • cost
  • hard to find right services
  • limited power to make binding decisions
  • not appropriate for large, complex claims
  • small jurisdiction
• supreme court of appeal

  OJ - none

  AJ - all lower courts
• supreme court of appeal

  OJ - unlimited

  AJ - on a Q of law from maj court, VCAT
• county court

  OJ - unlimited

  AJ - none
• county court

  OJ - unlimited

  AJ - none
• Mag court

  OJ - claims >100000

  AJ - NONE
• civil juries

  • in mag court
  • option in county, supreme court, requesting party pays
• remedy - any order made by a court/tribunal ddesigned to address a civil wrong/breach

  • provides legal solution for applicant for a breach of civil law
• remedy - any order made by a court/tribunal ddesigned to address a civil wrong/breach

  • provides legal solution for applicant for a breach of civil law
• remedy purpose

  • to make the point that the defendants conduct is not acceptable
  • stop harm from happening any further
• compensatory damages - amount of money awarded to applicant from harm

  • special
  • general
  • aggravated
• special - quanitifiable
• general - unquantifable - pain, suffering
• aggravated - defendants conduct injured plaintiffs feeling by humiliation, insult
• nominal damages - small amonut of money awared to confirm applicants rights have been infringed even though losses are not sustantial
• examplary damages - defendant action so outrageous court wishes to deter others