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When Can You Take The Help Of Civil Law?
If you have any disputes with someone or feel cheated, civil law can help you appeal in the civil courts. Civil law is used when a company or a person have done “civil wrongs” with each other. “Civil Wrongs” is a broad term; it can include many acts such as breach of a contract or agreement, cases of negligence, or disputes in your dealings with another person and even personal injury. Anything that is legally wrong in the society can be put under civil law. It can be as small as a dispute in taking a ticket in the car park or even agreeing to the terms and conditions on the internet.
Civil law deals with the relationships in the society. For example if you feel that your partner is responsible for the breach of civil law, you can put up a claim in the civil court. Such a case is generally referred to as “suing for damages”. Here plaintiff is the person who has made the claim and respondent is the person against whom the claim is made.
Such cases are not brought to normal courts. There are separate courts and tribunals which can hear your case. But the type of court is decided on the amount demanded for the damages, by you or by the person suing you. For small claims less than $7500 you need to approach The Small Claims Tribunal. For claims less than $50,000 you go to The Magistrates’ Court. For claims above $50,000 and less than $2, 50,000 you will approach The District Court and for above $2, 50,000it will be The Supreme Court.
It is necessary to understand when you can approach these courts. When you enter into a contract with someone and either you or the other person fail to carry out your duties and obligations as decided within the contract, then you can sue the person or can be sued under the breach of contract.
You can also be sued for negligence as this is also a civil wrong. If you have neglected your responsibilities towards a project or a course of work, or caused any harm to a person or their property due to your carelessness or have injured someone, they can sue you for the damages caused. They can thus ask you for monetary compensation for their loss.
At times when you are involved in a group project, then you might not be the only one responsible for the loss. In such cases you can use the defence which is called “Contributory Negligence”. If this is proved then the court may ask every person involved to compensate in proportions.
However before going to the court for such incidents you should definitely take the help of professional lawyers like Websters Lawyers. Before suing someone you should be confident that you can prove his negligence or guilt. In some cases there is a time frame set by the law, within which you need to file your case. For example, cases that involve breach of contract and negligence need to be brought to the court within 6 years of its occurrence and if the claim is for your personal injury it should be filed within 3 years. Visit http://websterslawyers.com.au/our-services/small-claims-court/ for more information on minor civil action.