7.2.3 In the civil court
While the criminal court has punished Arjun for his careless driving, it has not compensated Shanice for her injuries or financial losses. She will therefore need to start a civil case.
Activity 16 In the civil court
a.
To punish Arjun for his careless driving
b.
To compensate Shanice for her injuries and financial losses
c.
Both to punish Arjun and to compensate Shanice
The correct answer is b.
Comment
The purpose of civil proceedings is compensation, not punishment.
Shanice brings a claim for the civil wrong of negligence. A person is negligent if they fail to take reasonable care and, as a result, cause loss, harm, or injury to someone else. The central question will be similar to that in the criminal court: whether Arjun’s driving was of an adequate standard. Arjun’s guilty plea in the magistrates’ court can be used as evidence in the civil case.
The civil court will not punish Arjun. It will order him to pay compensation to Shanice. That compensation will include an amount for the pain and suffering her injuries caused her, as well as the cost of repairing the damage to her car, any wages she lost, and any expenses she incurred as a result of the accident.