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Legal Studies AOS 3 - Coggle Diagram
Legal Studies AOS 3
Chapter 4
Civil Law principals
Purposes and types of civil law
Purpose of civil law is to restore the plaintiff to their original position
A remedy is usually money or an apology
Types of civil law include
Contract law
Propety law
Negligence
Defamation
key concepts
Breach refers to when a company or individual fails to abide by the civil law
Causation refers to whether someone actually caused the breach
Loss refers to whether a plaintiff tossed something
Limitation of action is the length of time a plaintiff has ti initiate the case
Burden of proof rests on the plaintiff
Standard of proof is on the balance of probabilities
Parties to a civil matter
Possible plaintiffs and defendants
Possible plaintiffs include anyone who believes their civil liability has been harmed
Possible defendants are anyone who has caused loss
Vicarious liability is accountability on behalf of someone else
Chapter 5
Defamation
Defamation protects someone from false statements
Elements are
Defamatory imputations
Identification
Third party has published it
Defences are
Truth
Fair comment
Absolute privalege
Qualified privilege
Negligence
Negligence protects the rights of people who are harmed and someone else could have prevented it
Elements of negligence are
Breach
Loss
Duty of care
Defences for negligence are
Contributory negligence
Voluntary assumption of risk
Impacts could be Physical, physcological, financial and reputation