Module 2 civil law

Bachelor of Laws Programme

Module 2

Exploring Civil Law

Š George Windsor - 13/04/2017

King’s College London New United Kingdom

Introduction & Reading List Introduction Welcome to your second module. In this module you will be looking at civil law.

Outcome 1

1.1 Understand the principle of civil law.

Outcome 2

2.1 Understand the term tort law.

2.2 Understand the term negligence.

2.3 Understand the term intentional tort.

2.4 Understand the term strict liability.

Outcome 3

3.1 Understand the standards of proof in civil law.

King’s College London New United Kingdom

What is Civil Law? Civil law deals with disputes between private parties, or negligent acts that cause harm to others.

For example, if individuals or companies disagree over the terms of an agreement, or who owns land or buildings, or whether a person was wrongfully dismissed from their employment, they may files a lawsuit asking the judiciary to decide who is right.

The failure to exercise the degree of caution that an ordinarily prudent person would take in any situation may result in a negligence claim.

The court may dismiss a case, or if it is found to have merit, the courts may order the losing party to take corrective action.

King’s College London New United Kingdom

Tort Law Tort Law Tort law is a branch of civil law that is concerned with personal injury and civil wrongdoing. A tort is a civil wrong, done by one person or entity to another which results in injury or property damage.

There are three categories of torts: negligence, intentional tort, and strict liability.

Negligence This is an unintentional tort, to where there are four elements that must be satisfied.

Duty - The defendant had a duty to act in a reasonable manner.

Breach of Duty - The defendant failed to act reasonably.

Causation - The defendant’s breach of duty must be the cause of the plaintiff’s injury or loss.

Damages – The damage was has occurred.

King’s College London New United Kingdom

Intentional Tort & Strict Liability Intentional Tort An intentional tort is a deliberate wrongdoing in which the defendant acted with intent to cause harm or injury. Some example of intentional torts include: invasion of privacy and intentional infliction of emotional distress.

Strict Liability This is a tort that does require actual negligence or intent to injure. It is based on an absolute or “strict” duty to ensure something is safe.

King’s College London New United Kingdom

Standards of Proof More evidence is needed to find the accused at fault in criminal cases than to find the defendant at fault in civil ones.

Civil cases must be proven on a balance of probabilities, if it more likely than not that the defendant caused harm or loss, a court can uphold a civil claim.

If a claimant is successful, they will generally be awarded a judgement. This will normally be a public apology by the defendant and in some cases a warn may be issued as well.

King’s College London New United Kingdom

Assessment

Congratulations! You have reached the end of Module 2.

Please complete contact your Lecturer in order to access your assessment.

King’s College London New United Kingdom