Introduction to Civil Law

Civil Law Settling disputes between individuals, individuals’ businesses and sometimes the government About settling disputes not punishing wrongdoing Civil case started by the person who has suffered the loss – the Claimant Person who claim is made against is the Defendant E.g. claim for losses and injuries resulting from a car crash Usual remedy is financial compensation - damages

Law of Tort A tort means a civil wrong Purpose of law of tort is to provide remedies when one person has been affected by another’s acts or omissions and the law considers that a remedy should be available

The Civil Process Burden of proof is on Claimant (C) Standard of proof is balance of probabilities – more likely than not, 51% Trials take place in County Court or High Court Queen’s Bench Division No juries in negligence trials

Negligence 3 things that must be proved: Duty of care was owed by D to C D breached that duty of care Breach of duty caused the loss complained of - damages All law for negligence comes from case law