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Civil Law

memorize.ai (lvl 286)

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36 cards

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Section 1

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Trespass to Goods

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1 / 36

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Last updated

7 years ago

Date created

Mar 1, 2020

Cards (36)

Section 1

(36 cards)

Trespass to Goods

Front

Is the unauthorised use, removal or damage to one's goods

Back

Defence to Negligence - No duty of care was owed .

Front

It was not reasonably foreseeable that the action would cause loss or damage.

Back

Another purpose of civil remedies

Front

To compensate the plaintiff for the infringement of their rights, if returning them to their original position is not possible. Compensation means to give someone something of roughly equal value.

Back

Defence to Negligence - Duty of care was not breached

Front

There is no breach if the defendant acted as any normal person would and injury resulted by accident or could not reasonably have been avoided.

Back

Defence to Negligence - No damage occurred or the injury was caused by other means

Front

Right may have been breached but no damage suffered. Injuries suffered were not the result of the breach.

Back

Truth or justification

Front

If the statement is true, then the defendant has a complete defence. Regardless of what was published, the plaintiff loses.

Back

Public Nuisance

Front

When the rights of the community as a whole are interfered with eg offensive behavior, or a leaking pipe on private property that causes water to spill onto the street.

Back

Absolute privilege

Front

This means the person can say whatever they like and they have a complete defence to any defamation claim. For instance, statements made by politicians in the Houses of Parliament, extracts of certain public documents or statements made by witnesses or barristers in court (or during inquiries), are all covered

Back

Necessities of Life

Front

(1.) goods reasonably necessary for his/her support in his station in life, and (2.) he/she must not have already a sufficient supply of these necessaries. (3) the contract must be of value/benefit to the minor.

Back

Special Damages

Front

are tangible items for which there is monetary equivalent. They can be easily measured in terms of money (eg. Loss of wages, hospital/medical expenses).

Back

2nd Element of Negligence

Front

The person who owed the duty of care failed to take reasonable care (breach of duty of care)

Back

Fair comment or honest opinion

Front

For honest opinion, all that is required is that the opinion be held honestly (almost regardless of what it is!), that the opinion was based on proper material and that it was on a matter of public interest.. For fair comment, the comment must be based on facts that are truly stated (or absolutely privileged) and the comment must be fair.

Back

Private nuisance

Front

Occurs when an individual's right to use or enjoy his or her property is interfered with by the unreasonable or unlawful actions of another individual eg. Smoke, loud music, tree branches

Back

One purpose of civil remedies

Front

To return the plaintiff to the position they were in before their rights were infringed

Back

Contributory Negligence

Front

Plaintiff contributed to the damages - person injured is in some way partly responsible for the injury (partial damages).

Back

Trespass to Person

Front

Assault (threat of force), battery (actual force), and false imprisonment (intentional, total and direct restraint on a person's liberty)

Back

Invitation to Treat

Front

Is a statement made in which the person making the statement intended an affirmative response would result in further negotiations or making of an offer.

Back

3rd Element of Defamation

Front

There was harm caused to the reputation of the other person, people shun the person

Back

Trespass to Land

Front

Is when someone enters a property without permission, stays longer on a property without permission, leans up against the property without permission or throws something on the property without permission.

Back

Innocent dissemination

Front

People who innocently sell or pass on defamatory materials would no be held liable. for example, a newsagent selling a defamatory book.

Back

1st Element of Defamation

Front

There is a untrue statement - publication

Back

Acceptance

Front

is an oral or written statement, or actions showing that a person or persons will accept the offer

Back

Age a person can enter into a valid contract

Front

18yrs or older

Back

Voluntary Assumption of Risk

Front

Plaintiff willingly took a risk - person willingly consented to the risk and fully appreciated the dangers

Back

Neighbour Principle

Front

You neighbours are people who you ought to be consider because it is possible for them to be affected by your acts or ommissions.

Back

Injunction

Front

Is a court order regulating the actions of a certain person: The courts may order a defendant to refrain from doing something or compel them to do something. It may be temporary order (usually lasting the duration of the court case) or a permanent order (eg preventing the defendant (a publisher) from ever publishing the defamatory material).

Back

Qualified privilege

Front

This means there are certain situations where the statements made by people are covered by privilege and the person has a defence to any defamation claim, subject to this: that defence is defeated if the person making the statement is actuated by malice. An example if a former employer giving a reference about an employee.

Back

Consideration

Front

is an exchange of some benefit or something of value by each party.

Back

Non Economic loss

Front

are intangible items for which there is no calculable monetary value, very difficult to accurately determine (eg. Loss of reputation, pain and suffering).

Back

Remedies for Breach of Contract - Injunction

Front

These are orders directing a party not to do something - eg, not to persist with a contractual breach.

Back

2nd Element of Defamation

Front

Identification of person

Back

3rd Element of Negligence

Front

Harm was caused as a result of the breach of duty of care (harm can include loss or injury)

Back

Counter Offer

Front

Is an offer made in response to a previous offer by the other party during negotiations for a final contract. Making a counter offer automatically rejects the prior offer, and requires an acceptance under the terms of the counter offer or there is no contract.

Back

Offer

Front

is a written or orally given statement or act of a person or persons addressed to another, or a group of people, which will bind the person or persons making the offer

Back

1st Element of Negligence

Front

Defendant owed the Plaintiff a duty of care

Back

Remedies for Breach of Contract - Specific Performance

Front

This is an order directing the breaching party to perform the contract in the way specified by the court.

Back