Chapter 1 Flashcards
Two divisions of the Canadian legal system
Criminal law
Civil law
T or F
Brokers should always recommend clients questions on matters of law to a qualified legal practitioner
True
Identify four examples of criminal wrongs
Manslaughter
Assault
Murder
Burglary
Identify two duties if the state with respect to those who commit criminal wrongs
Prosecute and punish
Identify the type of sanctions, criminal law uses to enforce the rules
Fine
Penalty
Imprisonment
Identify two areas of civil law
Tort and contract
Identify the primary role of tort law
Enables victims to obtain compensation from those who caused it
Define a torts
A private or civil wrong other than a breach of contract, that the court will provide remedy in form of action or damages
Identify two kinds of torts, for which compensation may be provided by the courts
Unintentional and intentional torts
Define a breach of contract
A failure without legal excuse to perform contractual promises
Identify the two ways that both criminal and civil laws are established
Common law
Statute law
Common law is also known as case law. Identify how current court decisions are made in common law.
They are based on decisions made on previous similar cases
Statute law is written law enacted by legislation. Identify which of statute law or common law, supersedes or amend the other.
Statute law supersede common law
Identify the three types of damages that a court may award toward actions
Compensatory damages
Exemplary or punitive damages
Nominal damages
Identify two types of compensatory damages
General
Special
Identify any three types of general damages
Pain and suffering
Humiliation
Embarrassment
Identify any three types of special damages
Nursing fees
Dr./dentist/specialist charges
Ambulance and medical fees
Identify any three factors that can impact on the amount of compensatory damages
Social positional
Reputation
Financial circumstances
What are general damages?
Damages, which cannot be exactly, determined in monetary terms, reflecting amount, that the court believes it necessary to compensate the aggrieved party fairly
What are special damages?
Damages which can be measured as to the amount and are often referred to as out-of-pocket expenses
What is civil law?
Civil law is the body of law concerned with civil or private rights and remedies.
What is criminal law?
Criminal law deals with wrongs against society. It is also referred to as private law.
What is the rule of precident
The basic concept is that current court decisions must follow those made in cases having similar circumstances
What are compensatory damages?
Compensatory damages are intended to compensate for the injured party for bodily injury or property damage sustained
What are exemplary or punitive damages?
Damages may be awarded to the plaintiff over and above those provided as compensatory damages. The purpose of such award is to punish defendants for their behavior, or to make an example of them.
What are nominal damages?
If, for no other reason, then to establish the validity of the plaintiffs claim in a question of principal is at stake. When there is no substantial loss or injury to be compensated, the courts have awarded damages of a nominal sum.
Identify for remedies for a breach of contract
- Payment for damages to injured party.
- enforce specific performance.
- Grant in Junction from performing certain task.
- Permit rescission of contract to return parties to their pre-contract position
What is a breach of contract
A failure to fulfill contractual obligations without legal excuse
What is the purpose of exemplary or punitive damages?
To punish the defendant, or make an example of them
Define negligence
The failure to exercise, reasonable care, which then results in damages, suffered from defendants failure to act
What is the doctrine of negligence?
Rests on the duty of all persons to exercise, do care in their conduct towards others, from which injury may result
Identify 3 conditions to be present to establish negligence
- The defendant owed a duty of care.
- The duty of care was breached.
- The plaintiff suffered from the defendants negligence.
What is the “reasonable man”?
The reasonable man is a mythical person in a learned profession, or trade assumed to have a minimum knowledge of profession or trade
What is strict liability?
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 and the plaintiff will not have to prove negligence
Can strict liability be a matter of common law, statute law, or both?
Both
Identify 4 activities that can impose strict liability
Setting off explosives
Lighting a fire
Operating an aircraft
Keeping dangerous things on premises
Identify 11 liability exposures that business owners me
- Premises and operations
- Products
- Completed operations.
- Personal injury.
- Liability for property in the businesses care, custody, or control.
- Employers liability exposure.
- Contingent liability.
- Contractual liability.
- Automobile/aircraft liability.
- Pollution liability
- Incidental medical malpractice liability.
Define occupier
A person who has immediate supervision and control of premises, and the power to admit, or exclude entry to others
Identify three examples of premises liability
Wet floor
Lifting carpets
Loose railings
Identify three examples of operations exposure
1.Welder causing damage of Sparks on premises of client
2. Breaking a door from carrying in furniture.
3. Scratching the floor from building furniture in clients home.
Identify how a customer on a business premises would be classified under common law
A customer would be an invitee
What duty is owed to trespassers?
The only duty owed to trespassers is that they shall not be intentionally harmed, nor have traps set for them
What is an exception of common duty owed?
Not owed to visitors who willingly except risks on premises
What duty is owed to a visitor?
Visitors will be reasonably safe in using the premises for the purpose of which they are invited
Identify two instances when a principal would not be liable for the acts of an independent contractor
1.When reasonable care was exercised in the selection of a contractor
2. It was reasonable that work engaged in should have been undertaken.
Identify 3 instances when a principal would be liable for the acts of an independent contractor
1.Work is inherently dangerous
2. Injury or damage as a result of defective equipment provided.
3. When principle controls the manner in which work is to be executed.
Liability owed to single occupancy buildings
1.If they fail to notify tenant of any dangerous conditions, they were aware of, or ought to have been aware of which existed at time the lease was made
2. If landlord fails to make repairs after receiving a notice of danger.
Liability of landlord for multiple occupancy buildings
- The condition of all common areas to all occupancies
- If a one story the roof
Define nuisance
Everything that endangers or gives offence to senses, violates laws of decency or obstructs use of property
3 Examples of nuisance.
Smoke
Noise
Pollution
Define trespass
And 2 examples
An unlawful interference with one’s person, property or rights
1. Dumping waste on land of another
2. Erecting building overhanging on neighbours land.
What is a defective product?
-it contained something it should not have
-Something was omitted in its manufacturer that should be there
A product liability claim can only arise when it is shown the following;
- When injury occurred away from premises.
- The seller clearly relinquished possession of defective product.
What is an implied warranty?
The fitness of a business product for a particular purpose
Explain what the law expects of buyers when purchasing a product
-what’s is the exception
Buyers must exercise care as to the suitability and quality of goods purchased
Exception; when a buyer makes known the purpose of a product the seller is liable
What are two duties of manufactures with respect to products, even if it is not
1.Give proper warning of dangers.
2. Provide instructions when needed.
2 duties of sellers about their products
- Be experts about product sold.
- Tell the truth about them.
What two conditions need to be present to make a “completed operation” claim?
- Injury or damage occurred away from premises of person doing work
- Such work has been completed or abandoned.
3 examples of businesses that might have a personal injury exposure
- Those who employs store detectives
- Landlords.
- Newspapers and broadcasters.
2 types of real property
- Building
- Fixed equipment
Bailee for Hire
Someone who has a temporary custody of another personal property for the purpose, other than sale in for which they are compensated for.
Responsibility of employers for their employees
Held responsible for torts of employees while in the course of their employment
Three exceptions to the responsibility of employers for their employees
- When they are on a personal frolic.
- When do you use employers property for personal purpose without consent?
- When they delegator work to someone else, not employed by employer, and without their consent
Identify laws that provide know fault compensation to injured employees
Workers compensation plans, established no-fault insurance benefits in exchange for employees to waive the right to sue their employer
3 examples of businesses having pollution liability
- Chemical plant.
- Pulp mill.
- Gasoline service.
What are damages
Compensation in money for the loss or damage suffered
