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14 Cards in this Set
- Front
- Back
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What are the three branches of National Law? |
-Public -Private -Commercial |
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What are the different branches under public law |
CAC -constitutional law -administrative law -criminal law |
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What the the branches of law under private law? |
Private law: -family law -contract law -law of delict -property law -law of succession |
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What are the branches under commercial law? |
Commercial Law -company law -banking law -insurance law -competition law |
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Define crime |
-refers to an act or behaviour which is wrongful -either prohibited by common law or statute -crimes recognised by legal system as being contrary to societal norms and values |
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Give three examples of common law crimes? |
Murder, rape, assault |
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Give three examplies of statutory crimes? |
-Driving under influence -possession of drugs -trading in protected species |
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Define term delict |
-any conduct which causes harm to the person, property or personality of another -in circumstances in which conduct was wrongful and culpable |
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Explain the difference between a crime and a delict: |
Crime: -crime is violation of criminal law -considered offense against state and society as a whole -punishable by prison time, probation, fines -gets investigated by law enforcement agencies -must be proved beyond reasonable doubt Delict: -civil wrong or tort -violation of civil law -based on principles of negligence, intent ot strict liability -focus is on establishing fault or liability -addressed through civil litigation - plaintiff (harmed party seeking compensation) vs defendant (one in the wrong) -purpose of delict is to restore the plaintiff to their pre-harmed condition and provide means of resolving disputes between people -must be proved on a balance of probabilities |
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Explain the elements of delict: |
-wrongful conduct which is -committed intentionally or negligently -and which causes -harm to the person or property of the plaintiff The harmful conduct includes failing to do something or intentionally doing something harmful (ommission + commission) |
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How is wrongdoing determined in cases of delict? |
Commissions causing harm are PRIMA FACIE wrongful -when an action is committed that causes harm, it is initially considered prima facie wrongful, unless proven otherwise Omissions causing harm are not Prima Facie wrongful and then the court must decide -court doesnt assume guilt or wrongdoing based solely on fact that harm resulted from inaction. -court assesses whether person had legal or moral obligation to take action and whether their failure to act was unreasonable or negligent |
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Outline the three step test for negligence in the context of legal liability: |
Step 1 -evaluating defendant’s actions through lens of hypothetical reasonable person who is in same situation as defendant. -involves two parts 1. Foreseeability of harm: -reasonable person would foresee the reasonable possibility of their conduct injuring another 2. Reasonable Precautions -a reasonable person would take reasonable steps to guard against such harm
Step 2 -assesses whether defendant actually failed to take reasonable precautions that hypothetical reasonable person would have taken -conduct considered negligent if defendant did not take reasonable steps |
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Define contract: |
-legally significant agreement between two parties which gives rise to legally binding and enforceable rights and duties between the parties |
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Explain unjustified enrichment: |
-situation when one person benefits at the expense of another without lawful justification |
