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Dispute Resolution Jargon Buster
Terms
Definition
Party
Individuals or Companies involved in a legal case
Duty of care
Legal obligation to be careful in circumstances where harm to another person may occur
Tort
Civil wrong on a person caused by the actions or omissions of another person
Breach
Breaking/neglecting a legal obligation
Damages
Compensation in money to a party who has been wronged in a civil case
Liability
The person who has been found responsible for a civil wrong
Sue
To take legal action against another party in a dispute
Defences
Arguments/reasons put forward by the defendant.
Reasonable person
A person of normal intelligence and skill who should act in accordance with a normal standard.
Remoteness
The particular damage suffered by a plaintiff that is or is not sufficiently close to the Defendants actions.
Causation
The plaintiff must show that the damage suffered was a direct result of the defendant’s actions
Proximity
Nearness or closeness
Forsee/Forseeable
A reasonable person would realise the danger involved in certain actions
Likelihood
Whether or not injury or breach is likely to occur in certain circumstances
Gravity
of a serious nature
Force Majeure
"a major force", in the legal context this means unforeseeable circumstances that prevent someone from fulfilling a contract.
Lien
The legal right to hold on to the property of another person to secure the payment of a debt or the satisfaction of an obligation.
Compensation
Money granted to a person for a loss suffered to or by that person by another
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