Burdenofproof: It is the obligationtoprovetheallegations which are presented in a legal action
Balance of probabilities: The standard is met if the likelihood that the proposition is true is more likely than it not being true
Pecuniary damages: These are monetary compensations for the losses that canbecalculated (Ex. Replacing a broken window or repairing a damaged fence)
Non-pecuniary damages: These damages are compensation for losses that do not involve an actual loss of money and are difficult to qualify (Ex. Stress or emotional distress)
Special damages: Compensation for out-of-pocket expenses (Ex. medical bills, car rental, loss of wages)
Specific performance: Court order requiring someone to fulfil terms of a contract
Injunctions: Court order requiring or prohibiting an action like striking against an employer
Punitive damages: Additional damages awarded to punish the defendant for bad or insensitive behaviour
Aggravateddamages: This is awarded when the defendant’s behaviour is outrageous and harms the plaintiff
Nominal damage: This is a small sum to demonstrate the judges support for the plaintiff.
Contract: A legally binding agreement between at least 2 parties
Binding: Mandatory on the individual(s) to follow
Privity: Only parties to a contract can enforce a term or condition of a contract
Notion of free contract: Both parties must have entered into the agreementfree of any sort of pressure
Meeting of the minds: Both parties clearly understand the terms of a contract
Contracts by deed: A formal legal document signed, witnessed and delivered to effect a conveyance or transfer or property or to create a legal obligation
Simplecontracts: They are informalcontracts and may be made in any way - in writing, orally or they may be implied from conduct
Material fact: A truth / fact that persuades a buyer to enter into a contract
Innocent misrepresentation: When a person makes a false statement about a material fact that he or she believed to be true
Fraudulentmisrepresentation: When a seller makes a statement about a material factknowing it to be false
Bilateral contract: A promise by one party in exchange for a promise by another party
Unilateral contract: A promise by one party, in exchange for an action by another party
Tort: A wrong or injury, which may be intentional or unintentional
Causation: The relationship existing between the defendant’s actions and the plaintiff’sloss that would have not occurred “but forthedefendant’sactions”
Negligence: It is the failure to exercise reasonable care that results in injury to another, damaging actions that are careless, unintentional and unplanned
Strict liability: When the defendant is automatically liable for an injury caused by a dangerous substance or activity, even if the defendant was not negligent
Duty of care: A specific legal obligation to not harm other people or their property
Intentional tort: Actions intendedtocause injury to others
Small claims court: It is the lowest level civil court, where disputes involving money or property are resolved simply, inexpensively and informally by a judge without a jury
Negotiation: A process whereby bothpartiesparticipate in the discussion to reach a mutuallyacceptableagreement
Mediation: When a neutral 3rd party works with the parties in a dispute to reach a compromise or settlementagreeable to bothparties
Arbitration: When a neutral 3rd party hears both sides of the dispute and makes a binding decision that is mandatory for both sides to follow or adopt
Civil law: It is a category of private law which governs the relationship between people
Plaintiff: The person / partylaunching an action
Defendant: The person / partybeingsued for harm, loss and / or injury
Family: The relationships between spouses, parents and children
Contract: This applies when people and companies enter into agreements to purchase / provide goods as well as services
Wills and estates: This is how an individual’s property is distributed after death
Labour: The relationship between employees, employers, and labour organisations
Civil litigation: A lawsuit filed by the plaintiff