Caib 3 Flash Cards

Question 1

Civil Law

Answer 1

The body of law concerned with civil or private rights and remedies, as contrasted with criminal law which deals with wrongs against society

Question 2

Tory

Answer 2

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.

Question 3

Breach of Contract

Answer 3

Is the failure, without legal excuse to perform any promise which forms the whole or part of the contract.

Question 4

Rule of precedent

Answer 4

Basic concept in common law in which current court decisions must follow those made in cases having similar circumstances

Question 5

Statute Law

Answer 5

Written law enacted by provincial or federal legislation. It amends or supersedes the common law

Question 6

Damages

Answer 6

Compensation in money for the loss or damage suffered

Question 7

Compensatory damages

Answer 7

Are damages intended to compensate the injured party for the bodily injury or property damage sustained.

Question 8

General damages

Answer 8

Are those which can not be exactly determined in monetary terms, but reflect an amount that the courts believe necessary to compensate the aggrieved party fairly.

Question 9

Special damages

Answer 9

Are damages which can be measured as to amount and are often referred to as out of pocket expense

Question 10

Exemplary or punitive damages

Answer 10

Damages which are intended to punish defendants for their behaviour or to make an example of them

Question 11

Nominal Damages

Answer 11

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 when a question of principle is at stake

Question 12

Doctrine of negligence

Answer 12

Based on the duty of all persons to exercise due care in their conduct towards others from which injury may result

Question 13

Negligence

Answer 13

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

Question 14

Strict Liability

Answer 14

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

Question 15

Occupier

Answer 15

A person who has immediate supervision and control of the premises and the power to admit and exclude the entry of others is an occupier

Question 16

Nuisance

Answer 16

Everything that endangers life or health, gives offended to senses, violates the laws of decency, or obstructs reasonable and comfortable use of the property

Question 17

Trespass

Answer 17

An unlawful interference with ones person property or rights

Question 18

Easement

Answer 18

A right of persons to use land belonging to others

Question 19

False imprisonment

Answer 19

Holding someone without lawful justification in a place against their will

Question 20

False Arrest

Answer 20

Includes false imprisonment but also included the additional feature of detaining the victims with the intention that they be turned over to the police for prosecution

Question 21

Malicious prosecution

Answer 21

Occurs when:
1) the complainant was arrested and later released;
And
(ii) evidence provided revealed that the person making the complaint did not have an honest belief that a crime had been committed, but was guided by other improper motives such as a desire to harass or humiliate the victim

Question 22

Slander

Answer 22

Refers to spoken defamation

Question 23

Libel

Answer 23

Refers to written defamation

Question 24

Defamation

Answer 24

Consists of a statement that causes unjustified injury to the reputation of another person and which results in the loss to that person of the esteem, confidence, respect and goodwill of a considerable part of the community

Question 25

Aggregate limit

Answer 25

The most a policy will pay during the policy period for all claims for which insurance is provided

Question 26

Bill of lading

Answer 26

A document issued by the carrier responsible for transporting or forwarding the goods

Question 27

Agreed Value

Answer 27

A fair value of the shipment agreed to in advance by the insured and insurer

Question 28

Freight

Answer 28

The money payable either for the hire of a vessel or for the conveyance of cargo from one port to another

Question 29

Actual total loss

Answer 29

A loss in which the subject property is totally lost or is so badly damaged that it has no value left

Question 30

Constructive total loss

Answer 30

Occurs when the cost of salvaging the cargo is too high relative to the value saved

Question 31

Particular Average

Answer 31

Involves a particular loss to a specific shipment, other than a general average

Question 32

General Average

Answer 32

Deals with payments for marine losses voluntarily incurred for the safety of the entire venture. The parties whose property was saved shall contribute to the losses of the parties whose property was sacrificed

Question 33

Surety

Answer 33

State of being sure, certain & secure

Question 34

Suretyship

Answer 34

The guarantee of performance made by one person or entity for another