Caib 3 Defs Flash Cards
Civil Law
The body of law concerned with Civil or private rights and remedies, as contrasted with criminal law which deals with wrongs against society. (Ch. 1)
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 award to damages
(Ch.1)
Breach of Contract
Is the failure, without legal excuse to perform any promise which forms the whole or part of the contract
(Ch .1)
Rule of Precedent
Basic concept uncommon law in which current court decisions must follow those made in cases having similar circumstances
(Ch.1)
Statue Law
Write law enacted by provincial or federal legislation. It amends or supersedes the common law
(Ch. 1)
Damages
Compensation in money for the loss or damage suffered
Ch .1
Compensatory Damages
Are damages intended to compensate the insured party for the bodily injury or property damage sustained.
(Ch. 1)
Special Damages
Are damages which can be measured as to amount and are often referred to as out of pocket expenses
(Ch.1)
Exemplary or a Punitive Damages
Damages which are intended to punish defendants for their behaviour or to make an example of them
(Ch.1)
Nominal Damages
Damages which may be awarded when there is no substantial loss or injury to be compensated and the court award is being sought, if for no other reason than to establish the validity of the plaintiffs claim which a question of principle is at stake
(Ch.1)
Doctrine of Negligence
Based on the duty of all persons to exercise due care in their conduct towards others from which injury may result
(Ch.1)
Negligence
The failure to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do
- failure to do , or not do something that a reasonable man would or wouldn’t do
(Ch.1)
Strict Liability
Doctrine based on the assumption that certain activities are so hazardous that, in the event of injury or damage arising out of them, the person conducting the activity shall be presumed to be legally liable
(Ch.1)
Occupier
A person who has immediate supervision & control of the premises and the power to admit and exclude the entry of others in an occupier
(Ch.1)
Nuisance
Everything that endangers life or health gives offence to senses, violates the laws of decency, or obstructs reasonable and comfortable use of the property. (Ch.1)
