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absolute liability
In criminal law and torts, the liability of a defendant irrespective of a mental element (the plaintiff need not prove negligence or a fault element in order to establish a ...
action, cause, matter
Historically these were separate and distinct terms for different types of proceeding: an action being a formal proceeding brought by originating summons; a cause being any dispute between parties, ...
action in personam
(Latin, against the person)Reflecting the influence of Roman law, civil actions in tort are either actions in personam (personal actions) or actions in rem. In an action in personam ...
action on the case (‘case’)
The early classification of an action in tort in which the entire cause of complaint was laid out in the writ as the foundation of the action where the law ...
blameworthiness
A state of being guilty or warranting condemnation or censure. The notion of blameworthiness captures the idea that a criminal conviction connotes a moral evaluation of the defendant's guilt as ...
breach of statutory duty
Breach of a duty imposed on some person or body by a statute. The person or body in breach of the statutory duty is liable to any criminal penalty imposed by the statute, but may also be liable to ...
causation
N.The relationship between an act and the consequences it produces. It is one of the elements that must be proved before an accused can be convicted of a crime in which the effect of the act is part ...
Civil Liability Acts
State and territory legislation governing claims for damages for personal injury or death resulting from negligence: Civil Law Wrongs Act 2002 (ACT); Civil Liability Act 2002 (NSW); Civil Liability ...
compensation
An amount given or received as recompense for a loss or injury. Compensation is a remedy available in many categories of law. For example, the law of torts is generally ...
conduct
(wrongful)Behaviour including both acts that are prohibited and attract legal consequences when done, and omissions, that is, failure to do something that is mandated (required) by law, which also ...
consent to treatment
Consent to treatment is said to be the legal expression of self‐determination and, at common law, a legally valid consent to or refusal of medical treatment by an adult must ...
constructive
Adj.Describing anything that is deemed by law to exist or to have happened, even though that is not in fact the case.
contributory negligence
A person's carelessness for his own safety or interests, which contributes materially to damage suffered by him as a result partly of his own fault and partly of the fault of another person or ...
corporate culture
The culture of an organization, perhaps influenced by its founder, dominant group, history, structure and systems, leadership, and management style. It is often described as ‘the way we do things ...
criminal negligence
At common law the standard required to prove criminal negligence involves an extra element beyond what would be required to prove negligence as an actionable tort. Criminal negligence requires ...
documentary case
A case that relies exclusively upon documents. Large commercial cases in particular often depend heavily or entirely upon documents (e.g. a case in negligence against an auditor). However, while a ...
double effect
The doctrine of double effect is an exception to the general law of murder which recognises that the administration of medication to patients in the terminal phase of a terminal ...
fault-based civil liability
Civil liability is contrasted with criminal liability. Civil liability can be either for fault or regardless of fault (‘strict’). In civil law (tort law and contract law, for instance), fault ...
informed consent
The principle that requires clinicians to provide sufficient information to patients or potential research participants in order to render their consent lawful. Informed consent is sometimes said to ...
innocent misrepresentation
A misrepresentation made by a person who believes, at the time the statement is made, that it is true (when in fact it is false), has not been negligent in ...
