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23 Cards in this Set
- Front
- Back
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Negligence
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Negligence is a failure to take reasonable care where it is reasonably foreseeable that others could be harmed by an action or omission
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Key principle of negligence
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A owed a duty of care to B
The duty of care was breached There was harm or loss suffered The breach of the duty of care caused the loss or damage suffered |
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Key principles of civil law
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Defendant
Plaintiff Balance of probability |
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Defendant
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Person against whom civil action is taken
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Plaintiff
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Person bringing a civil action; person who has the burden of proving the case
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Burden of proof
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Balance of probability
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Negligence
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Doing or not doing something a reasonable person would or would not do in certain circumstances which causes harm or loss to another
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Elements of negligence
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A owed a duty if care to B
Duty if care was breached Caused loss or damage (causation) Harm or loss was the result |
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Defences to negligence
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Can claim that the
Duty of care was not owed duty of care was not breached Causation Loss or harm |
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Defamation
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Written or verbal statement that lowers a persons reputation in the eyes of the community
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Key principles of defamation
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Statement is defamatory
Direct Published |
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Statute
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An act of parliament; a piece of legislation
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Binding precedent
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A decision of a higher court that must be followed by lower courts in the same hierarchy
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Persuasive precedent
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A decision of another court which is of persuasive value only
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Judicial determination
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Through the courts or vcat decision is binding
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Mediation
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Independent 3rd party not binding
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Conciliation
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3rd party helps the parties to a dispute to to come to an agreement
Agreement is not binding |
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Arbitration
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Third party decides a case after the parties have tried to agree
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Remedies
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Damages
Compensatory damages Nominal damages |
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Compensatory damages
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Special or specific
General Aggravated |
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Special or specific damages
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Items that can be calculated
Eg. Loss of wages, medical expenses |
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General damages
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Can not be calculated
Pain and suffering, emotional suffering |
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Aggravated damages
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Compensation if the injuries have further continuing impact
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