Question

explain the term civil law and explain how it is establish and the ways of managing and or mitigating exposure to this type of liability

Answer 1

Civil law : Branch of the law. In common law countries such as England, Wales, and the United States, the term refers to non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law. The law of property is embraced by civil law. Civil law can, like criminal law, be divided into substantive law and procedural law. The rights and duties of individuals amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary or punitive damages may be awarded in civil proceedings.

Five Common Types of Civil Cases

· Contract Disputes. Contract disputes occur when one or more parties who signed a contract cannot or will not fulfill their obligations. ...

· Property Disputes. Property law involves disputes about property ownership and damages to one person's property or real estate.

· Torts.

· Class Action Cases

· Complaints Against the City.

Legal liability is the responsibility, based in law, to right some wrong done to another person or organization. Several aspects of this definition deserve further discussion. One involves the remedy of liability. A remedy is compensation for a person who has been harmed in some way. A person who has been wronged or harmed may ask the court to remedy or compensate him or her for the harm. Usually, this will involve monetary compensation, but it could also involve some behavior on the part of the person who committed the wrong, or the tortfeasor. For example, someone whose water supply has been contaminated by a polluting business may request an injunction against the business to force the cessation of pollution. A developer who is constructing a building in violation of code may be required to halt construction based on a liability lawsuit.

When monetary compensation is sought, it can take one of several forms. Special damages (or economic damages) compensate for those harms that generally are easily quantifiable into dollar measures. These include medical expenses, lost income, and repair costs of damaged property. Those harms that are not specifically quantifiable but that require compensation all the same are called general damages (or noneconomic damages). Examples of noneconomic or general damages include pain and suffering, mental anguish, and loss of consortium (companionship). The third type of monetary liability award is punitive damages

Basis of Liability

The liability exposure may arise out of either statutory or common law, as shown in Figure Basis of Liability Risk". Statutory law is the body of written law created by legislatures. Common law, on the other hand, is based on custom and court decisions. In evolving common law, the courts are guided by the doctrine of stare decisis (Latin for “to stand by the decisions”). Under the doctrine of stare decisis, once a court decision is made in a case with a given set of facts, the courts tend to adhere to the principle thus established and apply it to future cases involving similar facts. This practice provides enough continuity of decision making that many disputes can be settled out of court by referring to previous decisions. Some people believe that in recent years, as new forms of liability have emerged, continuity has not been as prevalent as in the past.

If someone suffers bodily injury or property damage as a result of your negligence, you may be liable for damages. Negligence refers to conduct or behavior. It may be a matter of doing something you should not do, or failing to do something you should do. Negligence can be defined as a failure to act reasonably, and that failure to act causes harm to others. It is determined by proving the existence of four elements (sometimes people use three, combining the last two into one). These four elements are the following:

• A duty to act (or not to act) in some way
• Breach of that duty
• Damage or injury to the one owed the duty
• A causal connection, called a proximate cause, between the breach of a duty and the injury

Defenses

A number of defenses against negligence exist, with varying degrees of acceptance. A list of defenses is shown below Defenses against Liability". One is assumption of risk. The doctrine of assumption of risk holds that if the plaintiff knew of the dangers involved in the act that resulted in harm but chose to act in that fashion nonetheless, the defendant will not be held liable. An example would be a bungee cord jumper who is injured from the jump. One could argue that a reasonable person would know that such a jump is very dangerous.

Defenses against Liability

• Assumption of risk
• Contributory negligence
• Comparative negligence
• Last clear chance
• Sovereign, familial and charitable immunity

In this section you studied the general notion of liability and the related legal aspects thereof:

· Legal liability is the responsibility to remedy a wrong done to another

· Special damages, general damages, and punitive damages are the types of monetary remedies applied to liability

· Liability exposure arises out of statutory law or common law and cases are heard in criminal or civil court

· Negligent actions may result in liability for losses suffered as a result

· Liability through negligence is proven through existence of a duty to act (or not act) in some way, breach of the duty, injury to one owed the duty, and causal connection between breach of duty and injury

· Defenses against liability include assumption of risk, contributory negligence, comparative negligence, last clear chance, and immunity

· Modifications to help the plaintiff in a liability case include res ipsa loquitur, strict liability, vicarious liability, and joint and several liability