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Legal studies - Coggle Diagram
Legal studies
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Defamation
The matter is defamatory- Assesses whether an ordinary or reasonable person would think less of the plantiff as a results of the deafamatory statement
The matter is false - Assesses whether the plantiff has demonstrated that the statement made agaisnt them is false, if the statement is substantially true, the plantiff can not be defamed.
The matter is about the plantiff - The plantiff must be explicitly or through implication, identifiable as the person defamed by the matter.
The defamatory statement must be communicated to at least one person other than the person being defamed. This includes any form of communication, whether written, spoken, or visua
The matter has caused, or is likely to cause,, serious harm to the plantiffs reputation
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Defences to defamation
Justification - Where the defendant has published information that is substantially true,
Contextual truth : Both of the following elements must be proven -
The defamatory statements were published alongside one or more statements that are based largely on the truth
Due to the existence of truthful statements that lower the plantiffs reputation, the false statements do not further damage the plantiffs reputation
Honest opinion : This defence applies when -
The defamatory matter is presented as an expression of the defendants opinion, rather than a statement of fact.
The opinion is based on substantial truth which are a matter of public interest. e,g. Published an opinon disaproving of a politicians policy, stating that they believe it is harmful and ill- concieved.
Absolute privledge - Statements made in the course of parliment procedings, judicial procedings and certain other official procedings, this includes statements made by judges, witnesses, lawyers and members of parliment
Qualified privledge - When the person making the alleged defamatory statement, had a legal, social or moral obligation to do so. e,g. A reference from an employer on a former employee, a complaint to the police.
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Negligence
A failure to behave with a level of care to prevent loss or injury to another person, that a resonable person would have exercised under the same circumstances.
Limitation of actions for negligence: Property damages or econonmic loss - 6 years.
Personal injury - 3 years.
Elements of Negligence
Duty of care - A moral or legal obligation to ensure the safety or wellbeing of others. The plaintiff must demonstrate that the defendant owed them a legal duty of care. This means the defendant had an obligation to avoid causing harm to the plaintiff.
Causation
The relationship between an event or action and a resulting event. The plaintiff must show that the defendant's breach of duty was the actual cause of the plaintiff's injuries or damages.
Breach
Breach of duty is an act or omission by a defendant that is a failure to uphold their duty of care because the behaviour falls below the standard of care that would be expected of a reasonable person in the same position
Remoteness
An element of negligence concerned with the extent of liability, which considers whether the consequences of the negligent action. It determines whether the damage suffered by a plaintiff is too indirectly connected to the defendant's breach of duty to be legally compensable.
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Plantiffs and defendants
Defendants - Wrongdoer, employees, Insurers
Plantiffs - Aggrieved party, Other victims (family, etc.), Insurers
Types of civil Law
Family, Workplace, Consumer Protection, Will/probate, property, contract, negligence, defamation.
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