IOSH Managing Safely Practice Test

What must a claimant prove in a civil court case?

1. The injury caused by a breach of duty

2. The defendant is guilty beyond reasonable doubt

3. All defendants in the case are present

4. The law was not applied correctly

The correct answer is: The injury caused by a breach of duty

A claimant must demonstrate that an injury occurred as a direct result of a breach of duty by the defendant. This is foundational in civil cases, where the burden of proof lies on the claimant to establish that the defendant had a legal duty to the claimant, breached that duty, and as a consequence, the claimant suffered harm or damage. In civil law, the standard of proof is "on the balance of probabilities," which is different from criminal law where the standard is "beyond reasonable doubt." Therefore, it is essential that the claimant illustrates a clear causal link between the defendant’s actions and the resulting injury, which can include physical harm, financial loss, or emotional distress. This establishes the necessary grounds for a claim for damages or compensation. Other options, such as proving guilt beyond reasonable doubt, are relevant to criminal cases rather than civil cases, where the focus is on the responsibilities and consequences related to civil duty. Likewise, the presence of all defendants or correct application of law may have procedural significance but does not directly relate to the claimant's requirements to prove their case.