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CIVIL LAW.

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Presentation on theme: "CIVIL LAW."— Presentation transcript:

1 CIVIL LAW

2 Why Sue? Money (Damages) Justice Injunction (Court Order)

3 Who are the parties? Litigants Plaintiff (Person suing)
Defendant (People being sued) Third Parties (People being sued by the defendant)

4 How do you sue? Writ of Summons Statement of Claim Served on Defendant

5 How do you defend? Statement of Defence Counterclaim Third Party Claim

6 Civil Remedies Divide into Groups of Four

7 Civil Remedies 1 - General Damages - Pecuniary 396
2 - General Damages - Non- pecuniary 3 - Special Damages Punitive Damages Nominal Damages 399 4 - Specific Performance Injunctions

8 Questions p. 404 -- Questions 1-4
Louis Vuitton case on p Questions 1,3,4 pp Questions 5, 6, 7, 12, 13 Cases on p.411 & 414

9 Why can you sue? Breach of Contract Tort Equitable Remedy
Statutory Standing (e.g. Family Law)

10 Torts Tort: Harm caused to a person or property for which the law provides a civil remedy

11 Torts Two Types: Unintentional Torts - injuries caused by accident or an action not intended to cause harm (negligence) Intentional Torts - actions intended to cause injury with others

12 Intentional Torts (pp. 441-466)
Assault Battery False Imprisonment Malicious Prosecution Intentional Infliction of Nervous Shock Invasion of Privacy

13 Homework Do questions 1-6 on p. 450

14 Intentional Torts Trespass to Land Nuisance Trespass to Chattels
Conversion

15 Defences to Intentional Torts
Consent - “Volenti non fit injuria” “Voluntary assumption of risk” Self-Defence Defence of Third Party Legal Authority

16 CASE Minet v. Kossler (p. 455)

17 Defamation of Character
Inuring a person’s reputation or good name Slander - verbal Libel - Written

18 Defences to Defamation
Truth Fair Comment (honest & without malice) Absolute Privilege (Court & Parliament) Qualified Privilege


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