Civil liability defences

Civil actions for damages in cases of injury negligence assessment of damages defences. No fault liability systems advantages and disadvantages. 

The civil court is concerned with liability and the extent of that liability rather than guilt or non-guilt. Therefore, the level of proof required is based on the balance of probability , which is a lower level of certainty than that of beyond reasonable doubt required by the criminal court. If a defendant is found to be liable, the court would normally order him to pay compensation and possibly costs to the plaintiff. However, the lower the balance of probability, the lower the level of compensation awarded. In extreme cases, where the balance of probability is just over 50%, the plaintiff may win his case but lose financially because costs may not be awarded and the level of compensation low. The level of compensation may also be reduced through the defence of contributory negligence, which is discussed later under Common Torts and Duties . 

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