Caib 3 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
Tory
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.
Breach of Contract
Is the failure, without legal excuse to perform any promise which forms the whole or part of the contract.
Rule of precedent
Basic concept in common law in which current court decisions must follow those made in cases having similar circumstances
Statute Law
Written law enacted by provincial or federal legislation. It amends or supersedes the common law
Damages
Compensation in money for the loss or damage suffered
Compensatory damages
Are damages intended to compensate the injured party for the bodily injury or property damage sustained.
General damages
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.
Special damages
Are damages which can be measured as to amount and are often referred to as out of pocket expense
Exemplary or punitive damages
Damages which are intended to punish defendants for their behaviour or to make an example of them
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 when a question of principle is at stake
Doctrine of negligence
Based on the duty of all persons to exercise due care in their conduct towards others from which injury may result
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
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
Occupier
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
Nuisance
Everything that endangers life or health, gives offended to senses, violates the laws of decency, or obstructs reasonable and comfortable use of the property
Trespass
An unlawful interference with ones person property or rights
Easement
A right of persons to use land belonging to others
False imprisonment
Holding someone without lawful justification in a place against their will
False Arrest
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
Malicious prosecution
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
Slander
Refers to spoken defamation
Libel
Refers to written defamation
Defamation
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
Aggregate limit
The most a policy will pay during the policy period for all claims for which insurance is provided
Bill of lading
A document issued by the carrier responsible for transporting or forwarding the goods
Agreed Value
A fair value of the shipment agreed to in advance by the insured and insurer
Freight
The money payable either for the hire of a vessel or for the conveyance of cargo from one port to another
Actual total loss
A loss in which the subject property is totally lost or is so badly damaged that it has no value left
Constructive total loss
Occurs when the cost of salvaging the cargo is too high relative to the value saved
Particular Average
Involves a particular loss to a specific shipment, other than a general average
General Average
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
Surety
State of being sure, certain & secure
Suretyship
The guarantee of performance made by one person or entity for another
