To resolve disputes, compensate and to restore the person to the position they were in.
Parties
Plaintiff vs. Defendant
Standard of Proof
Balance of Probabilities
Burden of Proof
Plaintiff
Outcome
Monetary compensations, fines and potentially jail
Decision
Liable or not liable
Definition of Civil Law
Disputes between two or more individuals or groups where an individual’s or group’s rights have been infringed
Aim of Civil Law
To return the party whose rights have been infringed back to the position they were in before the wrong was done
How does Civil Law work
When a person or group believes their rights have been infringed, they can sue the person who has infringed their rights
Protection of Rights
If an individual’s rights are infringed they can take the matter to court and ask for compensation as a way of correcting the wrong
Plaintiff
Bring the defendant to court for damages of loss or injury
Defendant
Caused the injury or loss and being sued
Contract Law
Contract law is the set of rules that govern agreements between parties, outlining their rights and obligations.
Negligence
Negligence in law refers to the failure to exercise the level of care that a reasonably prudent person would in similar circumstances, leading to harm or injury to another party.
Defamation
Defamation law deals with false statements that harm someone's reputation.
Nuisance
Nuisance in law refers to activities or conditions that interfere with the use and enjoyment of someone's property, often resulting in legal action.
Trespass
Trespass in law refers to unauthorized entry onto someone else's property, either physically or by some other means.
Remedies
Remedies in law are the solutions or actions that a court may order to address a legal wrong or enforce a right, such as compensation, injunctions, or specific performance.
Contract
Legally binding agreement between two or more people.
Types of Contracts
Contracts can be in writing or orally spoken.
Eligibility to enter a Contract
One must be over the age of 18, unless for necessity of life or employment. People with a form of mental impairment cannot enter a contract if entered under duress
Elements of a Valid Contract
An offer, Acceptance and Consideration
Offer
A clear and definite proposal made by one party to another, indicating a willingness to enter into a contract under specific terms.
Acceptance
Acceptance in law is when the party to whom an offer is made agrees to the terms of the offer, forming a legally binding contract.
Consideration
Consideration in law is something of value exchanged between parties to a contract, often money, goods, or services, forming the basis for the contract's validity.
Counter Offer
A counteroffer in law occurs when the offeree responds to an offer with different terms, effectively rejecting the original offer and making a new proposal.
Invitation to Treat
An invitation to treat in law is an invitation for others to make offers or negotiate, rather than a binding offer itself. Examples include advertisements and displays of goods for sale.
Breach of Contract
If a party to a contract fails to follow the terms of the contract, the other party can take action for breach of contract. If a plaintiff is successful, he or she is entitled to a civil remedy.