Civil Law Doctrines Part 1

Updated: November 17, 2024


Summary

The video discusses the importance of courts following precedent for consistency in the law and the finality of judgments. It covers principles such as the responsibility of the party with the last opportunity to avoid an accident, employer liability for employee actions, and property owner responsibility for hazardous objects on their premises. Additionally, it mentions how a known risk assumption can impact one's ability to claim damages and the duty of the state to protect vulnerable individuals. Overall, the video provides valuable insights into various legal concepts and principles for a better understanding of the legal system.


Doctrine of Stardeesis

Courts should follow previous rulings or precedence for consistency and predictability in the law.

Doctrine of Res Hudik Kata

A final judgment by a competent court is conclusive and prevents relitigating the same issue.

Doctrine of Unreasonable Delay

Legal claim may be barred by unreasonable delay causing disadvantage to the other party.

Doctrine of Estoppel

A person cannot deny a fact that has already been established.

Doctrine of Last Clear Chance

The party with the last opportunity to avoid an accident but fails is held responsible.

Doctrine of Contributory Negligence

Plaintiff's negligence contributing to harm may reduce compensation.

Doctrine of Vicarious Liability

Employer is liable for employee actions within the scope of employment.

Doctrine of Command Responsibility

Superiors are responsible for subordinates' actions if they knew or should have known and failed to prevent misconduct.

Doctrine of Attractive Nuisance

Property owners may be liable for injuries to children attracted to hazardous objects on the property.

Doctrine of Res Ipsa Loquitur

The occurrence of an accident implies negligence when the instrumentality causing harm was under the defendant's control.

Doctrine of Assumption of Risk

A person voluntarily exposing themselves to a known risk cannot claim damages for resulting injuries.

Doctrine of Parens Patriae

The state has a duty to protect individuals who cannot protect themselves.

Doctrine of Forum Non Conveniens

A court may decline jurisdiction if a more appropriate forum is available elsewhere.

Doctrine of Abuse of Rights

Unjustly damaging another through legal rights may result in liability for abuse of rights.

Doctrine of Alter Ego

The corporate veil may be pierced, holding the controlling party liable.

Doctrine of Imputed Knowledge

Knowledge acquired by an agent within the principal's scope is imputed to the principal.

Doctrine of Relative Nullity

A contract lacking essential elements or consent is voidable.

Doctrine of Proximate Cause

The primary cause of an injury must be a natural consequence of the defendant's action.


FAQ

Q: What is the principle behind courts following previous rulings or precedence?

A: Courts follow previous rulings or precedence for consistency and predictability in the law.

Q: Why is a final judgment by a competent court conclusive?

A: A final judgment by a competent court is conclusive and prevents relitigating the same issue.

Q: What can bar a legal claim?

A: A legal claim may be barred by unreasonable delay causing disadvantage to the other party.

Q: Can a person deny a fact that has already been established?

A: A person cannot deny a fact that has already been established.

Q: Who is held responsible if a party fails to avoid an accident despite having the last opportunity?

A: The party with the last opportunity to avoid an accident but fails is held responsible.

Q: How does plaintiff's negligence affect compensation?

A: Plaintiff's negligence contributing to harm may reduce compensation.

Q: When is an employer liable for employee actions?

A: Employer is liable for employee actions within the scope of employment.

Q: Under what circumstances are superiors responsible for subordinates' actions?

A: Superiors are responsible for subordinates' actions if they knew or should have known and failed to prevent misconduct.

Q: When may property owners be liable for injuries to children on their property?

A: Property owners may be liable for injuries to children attracted to hazardous objects on the property.

Q: What does the occurrence of an accident imply regarding negligence?

A: The occurrence of an accident implies negligence when the instrumentality causing harm was under the defendant's control.

Q: Can a person claim damages for injuries resulting from voluntarily exposing themselves to a known risk?

A: A person voluntarily exposing themselves to a known risk cannot claim damages for resulting injuries.

Q: What duty does the state have towards individuals who cannot protect themselves?

A: The state has a duty to protect individuals who cannot protect themselves.

Q: Under what circumstances may a court decline jurisdiction?

A: A court may decline jurisdiction if a more appropriate forum is available elsewhere.

Q: What may result from unjustly damaging another through legal rights?

A: Unjustly damaging another through legal rights may result in liability for abuse of rights.

Q: When may the corporate veil be pierced?

A: The corporate veil may be pierced, holding the controlling party liable.

Q: Is knowledge acquired by an agent within the principal's scope imputed to the principal?

A: Knowledge acquired by an agent within the principal's scope is imputed to the principal.

Q: What renders a contract voidable?

A: A contract lacking essential elements or consent is voidable.

Q: What must be the primary cause of an injury for the defendant to be liable?

A: The primary cause of an injury must be a natural consequence of the defendant's action.

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