Ch 13: Common issues in Contracts & Torts

Question 1

Tort vs. Contract:

What happens when there’s a loss? what are the classifications?

Answer 1

Tort : Injury & property Loss

Contract: Economic Loss

Question 2

Can a lawyer be liable in Tort as well as in contract for negligence in the performance of professional services?

Answer 2

YES

The duty in tort and in contract are 2 entirely separate DUTIES. The professional can be held accountable for both duties.

Question 3

Limitation Period:

Answer 3

Time with which a clam for loss must be made.
• If you have a claim that arises from a loss, RUN to the court!
• Set by legislation (May be short period)
• Start when looser becomes aware of loss, general you have 2 years
• Issue of discoverability
• Ultimate Period (15 years)
• Contract

Question 4

What is the ultimate limitation period in BC?

Answer 4

Reduced from 30 years to 15 years
• claim against a municipality has 2 months to notify
• Trip hazards are worth a lot of money in Canada

Question 5

Joint & Several Liability:

Answer 5

Joint: Multi defendant & each reliable for ALL

Several: Each only responsible for portion of loss

Contributory Negligence: Claim reduced by extent of own responsibility

Question 6

Vicarious Liability:

Answer 6

• Party A is responsibly for acts of Party B
  
  • Seen where Employer is responsible for acts of employee
  • Must be “Within” course of employment
  • May be a right to recover

Question 7

Codes and Standards:

Answer 7

• Professionally based
  
  • Ex: Def-Stan for Pressure vessels
  • Legislation Based
  • Can inform extent of tort standard