Ch.8-principles Of Legal Liability Flashcards
Canadian Legal system: 2 legal systems
- Criminal law
- Civil law
Criminal law
- wrongs against sociaety
- system of punishment to enforce rules
- fines/penalties/imprisonment
- seeks to determine GUILT
Civil law
- Settles disputes btwn individuals/other legal entities
- AKA: private law
- seeks compensation for finacial loss/damage
How laws are interpreted (2)
- Common law
- Statute law
Common law
- Based on prececdence
- current court decisions should follow past when similar case
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- current court decisions should follow past when similar case
Statute law
- Derived from bills introduced in to parliament + provincial legislature
2 branches of civil law
- contract law
- tort law
A tort
- A wrongful act that negligently caused damage/injury to another (intentional or unintentional)
- wronged person can sue
Examples of tort law
- trespass
- nuisance
- defamation
- false arrest
- invasion of privacy
- negligence
Tort feasor
Person who commits the wrong
Elements of a tort (3)
- duty owed
- duty breached
- damages suffered
- proximate cause rule
Classification of torts
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Intentional torts
- person knew it was wrong
- not covered by insurnace
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Unintentional torts
- carelessness
- covered by insurance
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Tort of negligence:
- most inportant tort
- see negligence
- innocent till proven guilty
Negligence
- Omission to do something that a reasonable person would/wouldn’t do
- must be proven
Strict liability
GUILTY until proven innocent
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Important legal precedents (9)
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- Ownership of property: persons entering prem (4)
Common law- rights depend on circumstances under which they came in to the prem
-trespasser -licensee -invitee -children
Persons entering prem : trespasser
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Persons entering prem : licensee
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Persons entering prem : invitee
- Licensee= Visitors
- must take all reasonable care to ensure al visitors reasonably safe using prem
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Persons entering prem : Children
- need to be protected
- legal duty owed:
- occupier must ensure prem safe
- Ownership of prem: persons outside prem
- neighbours, passers by
- expected to maintain bldg and to avoid escape of wateer/sewage/ etc…. to detriment of neighbours
- strict liability if escapes
- Liability of landlord
Legal duty:
- not responsible to ensure bldg/land rented is fit unless:
- they warranted the fitness
- conceal adverse conditions
- Liability of tenant to landlord
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Tort law:
- tenant liable for amages cause
- owner entitled to compansation
-
Contract law:
- extent of tenants laibility for loss stated in contract
- Liability of Bailee
- Bailee for hire: temporary custody of others persona property and compensated for caring, srvicing, fixing the property (i.e mechanic, dry cleaner)
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Tort law:
- exercise same care as other woild in same industry
- Contract law:
5 (I): employers liability for employees
- held liable for torts (wrondoings) of employees while working
- Vicarious liability
-
exceptions:
- employee acting out of scope of duties
- employee delegates work to another party w/o consent
- employees are on a “frolic” of their own
- employee uses employer property w/o consent
5.(ii): employers liability for injuries to employees
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Provincial workers comp.: provides emplopyees with no insurance benefits for injuroes on job
- in exhag: emplopee cannot sue
- exception: ???
6.liability for independent contractors
- occupiers not liable if can be shown that:
- care was exercised in choosing contractor
- was resonable that the work contractor was doing should agve been u ndertaken
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strict liability if:|
- work was inherently dangerous
- using defective machinery, equipment from occupier
- occupier controls manner in which work done
- Joint liability
joint tortfeasors: 2 or more ppl negligently cause injuryt/damage
8(I)Liability for animals: domestic animals
- mostly dog claims
- no free first bite- owner liable from first bite
- wild animals: strcitly liable for injury/damage
8(ii) liability for animals: wild animals
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- Liability of children
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Duty owed
ppl have duty to refrain from causing harm to others
duty breached
courts try to determine if breach of legal duty owed to plaintiff
damages suffered
- ??
- Proximate cause rule: uninterrupted unfolding of events w/o introduction of another primary cause from initial act to conclusion
tresspasser
- on premesis w/o expressed/implied permission
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vicarious liability
indirect legal responsibility 1 person has for acts of another (i.e employer-> emplpyee)
CHAPTER SUMMARY/OVERVIEW
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