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can be withdrawn only with the leave of the state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