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Introduction to Civil Law
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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
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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
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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
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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
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