CAIB 3 Flashcards
Identify the two divisions in the Canadian legal System
Civil and Criminal Law
Identify four examples of criminal wrongs
Murder
Theft
Pollution of the air and water
false advertising
Identify the two duties of the state with respect to those who commit criminal wrongs
Punish and prosecute
Persons guilty of criminal offence may be subject to the following
Fine,
penalty
imprisonment
Identify the two areas of civil law
Tort Law
Civil Law
Identify the primary role of Tort Law
To enable the victim to obtain a compensation for their loss from those who caused it
Define Tort
A private or civil wrong or injury, other than breach of contract, for which the court will provide a remedy in the form of an action for damages
Two type of torts for which compensation will be provided
Intentional tort: Assault, conversion of goods, and deceit
Unintentional tort: defamation, false arrest, trespass, nuisance
Define a breach of contract
Is the failure without legal excuse to perform any promise which forms the whole or part of a contract.
How Laws are established
Common Law (rule of precedent)
Statute Law (written law)
How current court decisions are made in Common Law
The current court decisions follow those made in cases having similar circumstances. However circumstances changes and some precedents that were established long time ago are no longer acceptable
Identify the three types of damages that a court may award in tort actions
Compensatory
Exemplary or punitive damages
nominal damages
Identify the two types of compensatory damages:
General Damages (can’t be determined in monetary terms)
Special Damages (pocket expenses, can be measure to monetary terms)
Identify any three types of general damages
Pain and suffering
Humiliation
Embarrassment
Identify any three types of special damages
Doctors, dentist and specialist charges
hospital, clinic and nursing home charges
nursing fees
Identify any three factor that can impact on the amount of compensatory damages
Extent of financial support provided by the injured party to his or her family
social position
reputation
Identify the purpose of exemplary or punitive damages
The purpose of Exemplary or Punitive Damages is to punish defendants for their behavior or to make an example of them.
Also, to make others notice the extent to which the court view such wrongs and be deterred from committing the same tort.
Primary role of criminal law
Punishing the persons responsible for committing the crime
Primary role of Civil Law
Private rights and remedies
Civil law
Concerned with civil or private rights and remedies. It deals with wrongs originating in tort and contract law
Special Damages
AKA pocket expenses. Expenses that can be measured.
General damages
Can’t be determined in monetary terms. But the amount is determined by the court, this is up to the court interpretation.
Exemplary or punitive damages
Involves cases of violence, oppression, malice. The purpose of this award is to punish defendants for their behaviour or make an example of them.
Damages
The amounts determined by the court for which the insured has been judged legally liable. This means compensation in money for the loss or damage suffered.
Nominal Damages
Used to established the validity of the claim when there’s no substantial loss
Trespass
Unlawful with one person’s , property or right. Ex: entering into private property with no authorization
Nuisance
Everything that endangers life or health, violates the laws of decency or obstruct the reasonable and comfortable use of the property
Explain product liability
Occurs when there is a damage caused by a defective product. It must occur away from the premises and the seller must have clearly relinquished possession of the defective product
SPECIAL DAMAGES
Damages that can be quantified and are related to nurse expenses, physiotherapy,
SLANDER
spoken defamation
ACTUAL TOTAL LOSS (MARINE INSURANCE)
property is totally loss or the damage was so bad that there is no value left.
Libel
Written defamation
(Chpt 2) CGL - Coverage A covers
Bodily Injury and Property Damage
Coverage A covers bodily injury and property damage to
Tangible property (including loss of use)
Coverage C - Medical Payments voluntary or involuntary payments
Payments are voluntary . The insured does not have to be sued or liable for this coverage to pay out.
Duty of all persons to exercise due care in their conduct towards others from which injury may result is called?
The Doctrine of Negligence ( Common Duty)
Definition of a defective product in insurance context
A product that contains something it shouldn’t or does not have something it should
Manufacturers responsibility for products
They must ensure the product is safely designed, constructed and assembled. Also need to ensure that the product is safely packaged, provided with proper warnings of dangers that might occur with use, also need to provide instructions for use.
Explain what is Tort & Explain the two types
A tort is an injury, other than a breach of contract for which the court will award damages. Intentional Tort and Unintentional Tort - Unintentional tort arises out of negligence, examples would be defamation, trespass. Intentional tort are done on purpose, example is assault.
Explain product liability
Product liability can arise when there is a damage resulted by a defective product. The loss must have occurred outside the insured premises and the sellers must have relinquished control of the defective product.
What is suretyship and what are the two kinds of corporate surety bonds
Suretyship is a guarantee of performance.
Fidelity bonds - to protect employers of the dishonest acts of their employees
Surety Bond - provides credit needed to ensure performance of an obligation
