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DP 1, 2, 3 - Coggle Diagram
DP 1, 2, 3
What is civil law?
Civil Law is concerned with the infringing of peoples rights eg. a tenant who owes their landlord money for their rent. By not paying the rent the tenant has infringed on the landlords right to collect that rent.
Civil Law aims to settle the dispute between two parties by
returning the injured party back to their original position before the injury occurred
This might require an apology, compensation or a court
order (to either do or not do something).
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Possible parties
Plaintiffs
A plaintiff can be a person who has indirectly suffered loss or damage as a result of the acts/omissions of the defendant.
Examples of other victims include family members of a deceased person; and someone close to an event and they suffer loss or damage as a result eg shock/trauma.
The Aggrieved Party is the person whose rights have been infringed and has suffered loss. It is possible in a civil action for there to be more than one aggrieved person.
Representative proceedings, also known as class actions, are group proceedings where 7 people or more claim against the same defendant due to loss caused by the same or similar event/s.
An example of representative proceedings include the Black Saturday Bushfires which killed 119 people and destroyed 1,242 homes. The fire was caused by an aging power line which fell onto dry grassland. The plaintiff and defendants (power company) reached a settlement of more than $494 million dollars.
A plaintiff can be a person who has indirectly suffered loss or damage as a result of the acts/omissions of the defendant.
Examples of other victims include family members of a deceased person; and someone close to an event and they suffer loss or damage as a result eg shock/trauma.
Insurers are individuals or companies who enter into an insurance policy with a person. Under the insurance policy the insurer will agree to provide insurance (protection from financial loss) in certain circumstances.
Usually the insurance company will have the right to sue the person who causes the person insured loss. Eg. If you are in a car accident and damage occurs to your car. Your insurance company will fix your car and will then sue the person who caused the damage in your behalf. This is known was the right of subrogation.
Defendants
Often the plaintiff will sue the person or company that has directly caused the loss or damage to the plaintiff (the wrongdoer).
The defendant could therefore be an employer, a company, a service provider etc
Also, a person who aids, abets, assists can also be sued if they have been an accessory to the wrongdoing. This is known as accessorial liability.
An employer of an employee who is the wrongdoer may become a defendant because of the principle of vicarious liability, when somebody is responsible for the actions of another. An employer has the right/duty to control the activities of their employee and thus are responsible for their actions.
An employer will be responsible if it can be established that the employee was acting in the course of employment when the wrong occurred. There must be a connection between the act and employment.
A plaintiff may sue the insurer of the person who caused the loss or damage. Usually this is because the insurer is refusing to pay a claim.