Criminal vs civil liability plus torts
Criminal liability
civil liability
wrong against the state
wrong against an individual
involve prosecution by the state
injured party sues in his own name
standard of proof is beyond reasonable doubt
standard of proof is on the balance of probabilities
aims to punish the wrongdoer
redressing a wrong
claimant in civil action can settle out of court or withdraw at any time
can be withdrawn only with the leave of the state
torts
civil wrong between private individuals which may lead to damages or compensation
types
tort of negligence
vicarious liability
nuisance
strict liability
trespass to goods and land
breach of a legal duty to take care which results in damage
defendant must owe to the plaintiff a duty of care
defendant must breach the duty of care owed
plaintiff must suffer damages as a result of the defendants negligence
where a person is rendered liable for the tort of another (employer liable for employees tort)
Agency - agent and principle
the benefit argument
public policy
employer deeper pocket syndrome
easy to identify the employer than employee
private nuisance - loud music
public nuisance - pollution
remedies
injunction, damages and abatement
defendant is liable even though the harm to the plaintiff occurred without intention or negligence
unlawful interference with ones goods or unjustifiable interference with land which is in the immediate & exclusive possession of another
general defences
act of god
volenti non-fit injuria
contributory negligence
event outside human control
plaintiffs knew the risks
failing to take sufficient care of their own safety
private defence
necessity
self defence