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AOS3 - Coggle Diagram

- - - - anyone that believes their rights have been breached and that they have suffered a loss because of that breach
    - - any individual who has been accused of causing the loss that the plaintiff is suffering from
    - - Accountability being imposed over the defendant(company) as a result of the actions of another person(employee)
  - - - Restore plaintiff to original position through a remedy
      - Uphold the rights of individuals
      - Remedy is normally monetary amount or an injunction
    - - Property Law
      - Negligence
      - Contract Law
      - Defamation
    - - Breach - when a company or person fails to abide by civil law
      - Causation - prove that the defendant was responsible for the loss
      - Loss - what the plaintiff suffers due to the actions of the defendant
      - Limitation of actions - time window after the incident in which the plaintiff can initiate a civil case
        
        Defamation - 1 year
        
        Negligence - 3 years
        
        Contract - 6 years
- - - - fair comment - matter was a statement of opinion honestly held by the defendant
      - Absolute privilege - the publication is always exempt from defamation law
      - truth - the statement is true
      - Qualified privilege - publication was driven by a legal or moral duty
    - - towards plaintiff
        
        Reputation loss
        
        Financial loss
        
        Psychological loss
      - towards defendant
        
        financial loss
        
        threat to free speech
        
        Reputation loss
    - - main remedies are damages, an apology or injunction
      - elements
        
        matter conveys defamatory imputations
        
        matter identifies the plaintiff as the person being defamed
        
        the matter has been published to a third party
      - protects a persons reputation from false statements
  - - - Protects individuals rights to not be harmed by someone who does not take reasonable care to prevent
      - elements
        
        defendant has a duty of care towards plaintiff
        
        Defendant breaches that duty of care
        
        breach causes injury or harm to plaintiff
        
        breach must be a significant cause of the loss
      - main remedy is 'damages' Monetary compensation
    - - contributory negligence - the plaintiff played a part in their own losses
      - Voluntary assumption of risk - plaintiff willing accepted the likelihood that they could suffer a loss and continues
    - - towards plaintiff
        
        Physical injuries
        
        Psychological injuries
        
        Financial loss
      - towards defendant
        
        loss of reputation
        
        Financial loss