Ch.8-principles Of Legal Liability

Question 1

Canadian Legal system: 2 legal systems

Answer 1

1. Criminal law
2. Civil law

Question 2

Criminal law

Answer 2

• wrongs against sociaety
• system of punishment to enforce rules
  
  • fines/penalties/imprisonment
• seeks to determine GUILT

Question 3

Civil law

Answer 3

• Settles disputes btwn individuals/other legal entities
  
  • AKA: private law
• seeks compensation for finacial loss/damage

Question 4

How laws are interpreted (2)

Answer 4

1. Common law
2. Statute law

Question 5

Common law

Answer 5

• Based on prececdence
  
  • current court decisions should follow past when similar case
    *

Question 6

Statute law

Answer 6

• Derived from bills introduced in to parliament + provincial legislature

Question 7

2 branches of civil law

Answer 7

1. contract law
2. tort law

Question 8

A tort

Answer 8

• A wrongful act that negligently caused damage/injury to another (intentional or unintentional)
• wronged person can sue

Question 9

Examples of tort law

Answer 9

• trespass
• nuisance
• defamation
• false arrest
• invasion of privacy
• negligence

Question 10

Tort feasor

Answer 10

Person who commits the wrong

Question 11

Elements of a tort (3)

Answer 11

• duty owed
• duty breached
• damages suffered
  
  • proximate cause rule

Question 12

Classification of torts

Answer 12

• Intentional torts
  
  • ​person knew it was wrong
  • not covered by insurnace
• Unintentional torts
  
  • ​carelessness
  • covered by insurance
  • Tort of negligence:
    
    • ​most inportant tort
    • see negligence
    • innocent till proven guilty

Question 13

Negligence

Answer 13

• Omission to do something that a reasonable person would/wouldn’t do
• must be proven

Question 14

Strict liability

Answer 14

GUILTY until proven innocent

insertb pic for examples

Question 15

Important legal precedents (9)

Answer 15

Insert pic (from overview)

Question 16

1. Ownership of property: persons entering prem (4)

Answer 16

Common law- rights depend on circumstances under which they came in to the prem

-trespasser -licensee -invitee -children

Question 17

Persons entering prem : trespasser

Answer 17

Insert pic

Question 18

Persons entering prem : licensee

Answer 18

Insert pic

Question 19

Persons entering prem : invitee

Answer 19

• Licensee= Visitors
• must take all reasonable care to ensure al visitors reasonably safe using prem
• insert pic

Question 20

Persons entering prem : Children

Answer 20

• need to be protected
• legal duty owed:
  
  • occupier must ensure prem safe

Question 21

1. Ownership of prem: persons outside prem

Answer 21

• neighbours, passers by
• expected to maintain bldg and to avoid escape of wateer/sewage/ etc…. to detriment of neighbours
• strict liability if escapes

Question 22

2. Liability of landlord

Answer 22

Legal duty:

• not responsible to ensure bldg/land rented is fit unless:
  
  • they warranted the fitness
  • conceal adverse conditions

Question 23

3. Liability of tenant to landlord

Answer 23

• Tort law:
  
  • tenant liable for amages cause
  • owner entitled to compansation
• Contract law:
  
  • ​extent of tenants laibility for loss stated in contract

Question 24

4. Liability of Bailee

Answer 24

• Bailee for hire: temporary custody of others persona property and compensated for caring, srvicing, fixing the property (i.e mechanic, dry cleaner)
• Tort law:
  
  • ​exercise same care as other woild in same industry
• Contract law:

Question 25

5 (I): employers liability for employees

Answer 25

• 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

Question 26

5.(ii): employers liability for injuries to employees

Answer 26

• Provincial workers comp.: provides emplopyees with no insurance benefits for injuroes on job
  
  • in exhag: emplopee cannot sue
  • exception: ???

Question 27

6.liability for independent contractors

Answer 27

• 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
• strict liability if:|
  
  • work was inherently dangerous
  • using defective machinery, equipment from occupier
  • occupier controls manner in which work done

Question 28

7. Joint liability

Answer 28

joint tortfeasors: 2 or more ppl negligently cause injuryt/damage

Question 29

8(I)Liability for animals: domestic animals

Answer 29

• mostly dog claims
• no free first bite- owner liable from first bite
• wild animals: strcitly liable for injury/damage

Question 30

8(ii) liability for animals: wild animals

Answer 30

Insert pic

Question 31

9. Liability of children

Answer 31

insert pic

Question 32

Duty owed

Answer 32

ppl have duty to refrain from causing harm to others

Question 33

duty breached

Answer 33

courts try to determine if breach of legal duty owed to plaintiff

Question 34

damages suffered

Answer 34

• ??
• Proximate cause rule: uninterrupted unfolding of events w/o introduction of another primary cause from initial act to conclusion

Question 36

tresspasser

Answer 36

• on premesis w/o expressed/implied permission
  *

Question 37

vicarious liability

Answer 37

indirect legal responsibility 1 person has for acts of another (i.e employer-> emplpyee)

Question 38

CHAPTER SUMMARY/OVERVIEW

Answer 38

INSERT PCI