Civil Liability (VCE SSCE Legal Studies): Flashcards

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Key Concepts of Civil Law
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Plaintiff

Party making a legal claim against another in court

Defendant

Person accused of causing harm/breaching civil law

Breach in civil law

Failure to fulfil duty or comply with legal obligation

Causation

Direct link between defendant's actions and plaintiff's harm

Burden of proof in civil proceedings

Plaintiff (responsibility to prove facts of case)

Standard of proof in civil cases

Balance of probabilities

Balance of probabilities means

More likely than not that claim is true

Limitation period: contract/tort claims (Vic)

Six years

Limitation period: personal injury disease/disorder (Vic)

Three years

Limitation period: defamation (Vic)

One year

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