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Criminal vs civil liability plus torts (civil liability (wrong against an…
Criminal vs civil liability plus torts
Criminal liability
wrong against the state
involve prosecution by the state
standard of proof is beyond reasonable doubt
aims to punish the wrongdoer
can be withdrawn only with the leave of the state
civil liability
wrong against an individual
injured party sues in his own name
standard of proof is on the balance of probabilities
redressing a wrong
claimant in civil action can settle out of court or withdraw at any time
torts
civil wrong between private individuals which may lead to damages or compensation
types
tort of negligence
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
vicarious liability
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
nuisance
private nuisance - loud music
public nuisance - pollution
remedies
injunction, damages and abatement
strict liability
defendant is liable even though the harm to the plaintiff occurred without intention or negligence
trespass to goods and land
unlawful interference with ones goods or unjustifiable interference with land which is in the immediate & exclusive possession of another
general defences
act of god
event outside human control
volenti non-fit injuria
plaintiffs knew the risks
contributory negligence
failing to take sufficient care of their own safety
private defence
self defence
necessity