Australian Law - Civil Law - Torts
Civil wrongs - torts
PowerPoint 1
Torts • Civil wrong other than a breach of contract • Causes personal injury, property damage or financial loss • Innocent party usually claims damages • Purpose - justice to be achieved by transferring kiss I'm the victim to wrongdoer • Principle - each citizen should take responsibility for consequences of his/her actions
Types of civil wrongs (torts)? • Compensation is the chief remedy sought • Nuisance, defamation, negligence, trespass, liability for dangerous animals • Nuisance - something unauthorised that is obnoxious or injurious to community at large or to an individual, especially in relation to his/her ownership of property • Trespass - direct an unlawful interference with possession of person, property or land, regardless or intention of trespasser
Tortes verses contract law • Tort law - special relationship other than a contract which forms the basis of civil claims (e.g. Patient/doctor, parent/child) • Contract law - legally binding agreement forms the basis of the civil claim • For a tort to be successful - plaintiff must prove existence of certain elements that give rise to a special relationship (e.g. Teacher/student, employer/employee) • Same situation (e.g. Motor vehicle accident) can give rise to both a criminal court and a civil court action • Criminal negligence - a persons action or omission is so extreme that they are charged with a criminal offence • Almost knowingly causing them harm to victim or accident • Must have known that someone else was likely to be injured
PowerPoint 2
Part B - civil wrongs - Negligence
Why are negligence laws needed? • More negligence cases are brought before the Queensland courts than any other type of civil action • Person has suffered personal injury, property damage or economic loss • Law of negligence - requires injured person to
PowerPoint 1
Torts • Civil wrong other than a breach of contract • Causes personal injury, property damage or financial loss • Innocent party usually claims damages • Purpose - justice to be achieved by transferring kiss I'm the victim to wrongdoer • Principle - each citizen should take responsibility for consequences of his/her actions
Types of civil wrongs (torts)? • Compensation is the chief remedy sought • Nuisance, defamation, negligence, trespass, liability for dangerous animals • Nuisance - something unauthorised that is obnoxious or injurious to community at large or to an individual, especially in relation to his/her ownership of property • Trespass - direct an unlawful interference with possession of person, property or land, regardless or intention of trespasser
Tortes verses contract law • Tort law - special relationship other than a contract which forms the basis of civil claims (e.g. Patient/doctor, parent/child) • Contract law - legally binding agreement forms the basis of the civil claim • For a tort to be successful - plaintiff must prove existence of certain elements that give rise to a special relationship (e.g. Teacher/student, employer/employee) • Same situation (e.g. Motor vehicle accident) can give rise to both a criminal court and a civil court action • Criminal negligence - a persons action or omission is so extreme that they are charged with a criminal offence • Almost knowingly causing them harm to victim or accident • Must have known that someone else was likely to be injured
PowerPoint 2
Part B - civil wrongs - Negligence
Why are negligence laws needed? • More negligence cases are brought before the Queensland courts than any other type of civil action • Person has suffered personal injury, property damage or economic loss • Law of negligence - requires injured person to