Civil Law Overview and Types

Purposes of Civil Law

• Aims to resolve disputes between individuals/groups.
• Seeks to restore injured parties to original position.
• Protects individual rights (e.g., contracts, defamation).
• Provides compensation for harm.
• Deters wrongful conduct.
• Example: injured person in accident can claim compensation.
• Focuses on resolving disputes and compensating victims, rather than punishment.
• Primary purpose: resolve disputes & compensate those harmed.

Types of Civil Law

• Contract Law: Disputes over agreements (e.g., failure to deliver goods).
• Tort Law: Wrongful acts causing harm (e.g., negligence, defamation).
• Property Law: Disputes over ownership (e.g., trespass).
• Family Law: Issues like divorce or child custody.
• Example of tort: defamation (spreading false info harming someone's reputation).
• Covers contract, tort, property, and family law, each with specific disputes.
• Example tort: negligence (e.g., failing to clear a wet floor leading to a slip & injury).

Key Concepts of Civil Law

• Breach: Failure to fulfil legal obligations.
• Loss: Plaintiff must have suffered harm.
• Causation: Breach directly caused the loss.

Burden of Proof

• Plaintiff must prove case.
• Standard of proof: "On the balance of probabilities" (more likely than not).
• Example: Builder's negligence causing roof collapse.
• Civil cases require proving breach, loss, causation, and responsibility on the balance of probabilities.

Elements of Negligence

• Duty of Care: Defendant owed a duty to act reasonably.
• Breach of Duty: Defendant failed to meet duty.
• Causation: Breach caused the harm.
• Damages: Plaintiff suffered harm/loss.
• Example: Driver texting while driving, hitting pedestrian.
• Negligence occurs when someone violates duty of care, causing harm.

Defenses to Negligence

• Contributory Negligence: Plaintiff contributed to harm.
• Assumption of Risk: Plaintiff knowingly accepted risks.
• Example: Pedestrian jaywalking hit by car.
• Defenses can reduce or eliminate liability.

Impacts of Different Types of Breaches

• Emotional Impact: Stress from defamation.
• Financial Impact: Costs of medical/other issues.
• Social Impact: Damage to reputation/relationships.
• Example: Privacy invasion/photo sharing.
• Breaches can cause emotional, financial, and social consequences.

Principles of Justice

• Fairness: Equal treatment & unbiased procedures.
• Equality: No discrimination in legal rights/responsibilities.
• Access: Everyone can use legal system.
• Example: Interpreters in court.
• Fairness, equality, and access uphold justice.

Institutions that Resolve Civil Disputes

• Courts: Formal resolution through judges.
• Tribunals: Faster, cost-effective alternatives (e.g., VCAT).
• Mediation: Parties negotiate with mediator's help.
• Example: VCAT resolving rental disputes.
• Courts, tribunals, and mediation all resolve civil disputes.

Victorian Charter of Human Rights & Responsibilities

• Protects rights (e.g., speech, equality, protection from torture).
• Victorian laws/policies must comply with Charter.
• If policy unfairly limits free speech, it can be challenged.
• Safeguards fundamental rights/ensures government accountability.
• Example of right: freedom of speech.

The Right to Vote Protections

• Laws protect the right to vote (accessibility, no discrimination).
• Include elements like secret ballots to ensure fairness.
• Example: Online voting for disabled.
• Protects equality, accessibility, and fairness in voting.
• Secret ballot important because it ensures free choice.