Substantive Law Areas

Subdecks (3)

Cards (22)

  • Tort Law
    Protects rights from intrusions and invasions. A tort can be divided into three groups:
    1. Intentional: Where intentional conduct is alleged and proven.
    2. Negligence: Where there is an act or commission that is below a reasonable standard of care. This is met through four elements.
    3. Strict Liability: If there is harm in certain circumstances then the party that caused the harm is legally liable. This is me through three elements.
  • What are the four elements to prove negligence tort?
    1. standard of care
    2. duty of care
    3. causation
    4. damage.
  • What are the three elements to prove strict liability tort?
    1. a special or unusual use of land
    2. involves something likely to cause damage if it escapes, and
    3. an escape causing damage.
  • Tort is a civil matter, a civil case, a private law case has to be proven by the plaintiff on what matters?
    Standard Proof: Called the balance of probabilities and "50% plus 1" – the chance of the proposition be true is more than 50%.
  • Public Law
    Deals with the state and its state actors. Governs the relation between people and state.
  • Private Law
    Deals with the relations between individuals.