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CAIB 3 > Chapter 1 > Flashcards

Chapter 1 Flashcards

1
Q

Invading rights of others is a legal wrong.

A

True

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2
Q

Criminal wrongs are harmful to the state.

A

True

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3
Q

Criminal wrongs are outlined in the Canadian Criminal Code.

A

True

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4
Q

There is no duty on the state to pursue people who commit criminal wrongs.

A

False

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5
Q

Criminal law focuses on punitive sanctions.

A

True

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6
Q

Civil law deals with private rights and remedies.

A

True

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7
Q

When private rights are breached, it is up to plaintiffs to launch court actions.

A

True

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8
Q

Civil law deals with tort law and contract law.

A

True

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9
Q

State the primary purpose of tort law.

A

To provide compensation to plaintiffs

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10
Q

Define ‘tort’

A

A private wrong or injury, other than breach of contract, for which the court will provide a remedy in the form of an action for damages.

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11
Q

Identify two types of torts and provide one example of each

A

Intentional Torts: Example: Deliberating hitting someone (criminal act)

Unintentional Torts: Example: Customer in client’s store trips on loose carpet and is injured.

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12
Q

Provide an example of breach of contract

A

You hire a contractor to build a house. This contractor never shows up to perform the job.

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13
Q

Common law is the main body of law in Canada. Common law is based on the Rule of Precedent. Describe how this influence decisions made by courts.

A

Courts of today will be guided by decisions of previous courts in matters having similar circumstances.

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14
Q

Are Rules of Precedent subject to change?

A

Yes, sometimes what made sense in the past no longer makes sense today.

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15
Q

Define ‘Statute Law’.

A

Statute laws are written laws enacted by provincial and federal governments. When these laws are in place, they will override common law.

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16
Q

What are compensatory damages?

A

Compensatory damages are awarded by courts to compensate plaintiffs.

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17
Q

Describe the 3 types of Compensatory Damages

A

i) Bodily Injury:
a) General Damages - An amount the court deems fair (pain & suffering, future earnings, humiliation)
b) Special Damages - out of pocket expenses (travel expenses, doctor charges)

ii) Property Damage: difference in value and / or loss of use

iii) Factors affecting compensation amounts for general & special damages:
a) reputation / Social position, Dependents, Financial circumstance, Plaintiff’s lawyer

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18
Q

What is the purpose of exemplary or punitive damages?

A

Exemplary or punitive damages are awarded by courts to punish defendants. Courts impose these awards on defendants when they wish to make an example of them.

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19
Q

When may courts award nominal damages?

A

When cases are brought on questions of principals and plaintiffs have not suffered any damages.

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20
Q

Courts provide many remedies for breach of contract. Identify these remedies.

A

i) Provide for payment of damages to plaintiff
ii) Enforce specific performance of contract
iii) Grant an injunction not allowing a party to perform a specific act
iv) Grant rescission of contract to return parties to their pre-contract position

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21
Q

Describe the doctrine of negligence.

A

Doctrine of negligence places a duty on all people to use due care in their interactions with others from which injury may result.

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22
Q

What are three conditions required before negligence can be proven?

A

i) Defendant owed the plaintiff a legal duty of care
ii) Duty was breached as a result of defendant’s negligence
iii) Plaintiff suffered damages as a proximate result of the defendant’s negligence

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23
Q

Courts do not expect perfection of defendants. What will courts use as a measurement of a defendant’s actions?

A

Courts will compare defendant’s actions with that of a reasonable man.

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24
Q

Defendants can be held strictly liable. Usually people are innocent until proven guilty. This changes with strict liability. Explain strict liability.

A

When certain actions are hazardous, courts may assume defendants are guilty until they can prove themselves innocent.

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25
Q

Why might strict liability be imposed by courts?

A

Courts impose strict liability on those who are in the best position to control losses arising from hazardous activities.

26
Q

List three examples of operations that may impose strict liability.

A

i) Using explosives
ii) Operating aircraft
iii) Lightning fires

27
Q

When clients have questions regarding the law, what should brokers advise?

A

Refer client to proper legal professional.

28
Q

When will people be considered occupiers?

A

People are considered occupiers when they control premises. Occupiers admit and exclude entry of others to the premises.

29
Q

Occupiers’ Liability Acts increase duty of care on occupiers. What is this duty of care?

A

Occupiers’ Liability Acts impose common duty on all occupiers to keep visitors reasonably safe when using premises for which they were invited, permitted by law to use premises, or permitted by occupier to use premises.

30
Q

According to Occupiers’ Liability Act, who are two persons not owed this duty of care?

A

i) Visitors who willingly accept risks
ii) Trespassers

31
Q

What are two activities which could result in trespassers successfully suing occupiers?

A

i) Setting traps for trespassers
ii) Intentionally harming trespassers

32
Q

In common law, independent contractors are responsible for their own torts. For occupiers to avoid torts of independent contractors, what must occupiers prove?

A

i) They must show that reasonable care was used when selecting independent contractors
ii) Work that was requested to completed, was reasonable work

33
Q

What are three circumstances where occupiers may be held responsible for negligence of independent contractors?

A

i) When working being performed by independent contractors was inherently dangerous
ii) When loss is caused by defective equipment, machinery or supplies provided by occupier
iii) When occupier (principal) controls independent contractor’s performance of work

34
Q

When may landlords be held responsible for injuries in single occupancy buildings?

A

Landlords of single occupancy buildings may be liable for injuries when they were aware of dangerous conditions which existed when lease was signed. Landlords may also be liable when they agree to maintain premises and fail to do so after receiving reasonable notice from tenant and injuries result.

35
Q

Landlords of multiple occupancy buildings have responsibilities for certain areas of buildings. What are these areas and what are landlord’s responsibilities?

A

Landlords are responsible for injuries occurring in common areas.

36
Q

What are three activities that would constitute a nuisance?

A

i) Allowing smoke, vapors, fumes, and odors to escape premises
ii) Causing noise or vibrations which annoys neighbors
iii) Polluting land or water of others

37
Q

What are two activities which could constitute the tort of trespass?

A

i) Building structures which encroach on another’s land
ii) Disposing of garbage and other waste products on another’s land

38
Q

What two conditions must be present for a products liability claim to proceed?

A

i) Loss must occur away from premises of person selling product
ii) Seller has completely given up possession of product causing loss

39
Q

What two options are available to injured parties when they wish to sue manufacturers?

A

i) Injured parties may sue manufacturer in contract
ii) Injured parties may sue manufacturer in tort

40
Q

What piece of legislation outlines the responsibilities of sellers to buyers?

A

Sales of Goods Act

41
Q

Sellers must ensure the fitness of their product for a particular purpose. This is an example of an implied warranty. This implied warranty requires buyers to exercise care in the selection of products to be used for a particular purpose. There is one important exception to this implied warranty found in the ‘Sales of Goods Act’ which may place responsibility back on the seller. Explain this exception.

A

When buyer makes known the particular purpose for which an item in required and depends on seller’s knowledge, it is implied that this product is reasonably fit for this purpose.

42
Q

When buyers and sellers make their own conditions of sales, what are these conditions known as in the ‘Sale of Goods Act’?

A

These are known as express warranties.

43
Q

What impact did the Donaghue v. Stevenson decision have on the abilities of consumers to sue manufacturers?

A

Manufactures, as a result of this case, were made responsible to the ultimate end users of their products.

44
Q

What are three duties owed by manufacturers to users of their products?

A

i) Manufacturers are responsible for safe design
ii) Manufacturers must give proper warnings of dangers when using products
iii) Manufacturers must provide instructions, when required

45
Q

What are two duties of sellers?

A

i) Sellers are expected to be experts in the products they sell
ii) Sellers are expected to tell the truth about their products

46
Q

What two conditions must be present for a completed operations loss to succeed?

A

i) Loss must occur away from premises of person doing work
ii) Work must have been completed or abandoned by person doing work

47
Q

What are two ways tenants may be found liable for damage to premises they occupy?

A

i) Tenants may be responsible for losses in contract
ii) Tenants may be responsible for losses in tort

48
Q

What standard of care do bailees owe to their customers?

A

Bailees must use ordinary care when possessing other’s property.

49
Q

What is the common law rule respecting employer’s liability for torts of their staff?

A

Employers are responsible for torts of employees committed while doing their normal actions in their job.

50
Q

When will employers not be held responsible for the torts of staff?

A

i) When employees delegate their work to someone else without employer’s permission
ii) When employees frolic
iii) When employees use employers’ property without permission

51
Q

Generally, are employers responsible for injuries sustained by employees arising out of the course of their employment? Explain your answer.

A

No, employers will not be responsible for injuries to employees because most employees are enrolled in provincial workers compensation plans. When eligible for benefits under these plans, employees give up their right to sue employers.

52
Q

3 Degrees of Negligence

A

Negligence, Gross Negligence & Criminal Negligence

53
Q

3 types of Tort Damages

A

a) Compensatory Damages (bodily injury, property damage & factors affecting compensation amounts for general & special damages)
b) Exemplary or punitive damages - meant to punish or make example of (i.e. violence or fraud)
c) Nominal Damages - used to establish validity of claim when there is no substantial loss (pay $1)

54
Q

What are the 11 possible commercial liabilities

A
  1. Premises & Operations
  2. Completed Operations Exposure
  3. Product Liability
  4. Property in custody exposure
  5. Employers Liability exposure
  6. Contingent Liability Exposure
  7. Contractual Liability Exposure
  8. Automobile / aircraft / watercraft exposure
  9. Pollution Liability Exposure
  10. Incidental Medical Malpractice
  11. Personal Injury Exposure
55
Q

What are the 2 kinds of laws

A

Civil & Criminal Law

56
Q

Laws are established in

A

Statute Law & Common Law

57
Q

How are tort damages awarded

A

Write & execution against property & Garnishing of wages

58
Q

Liability established in:

A

Statute Law - if statute is breached, the owner is liable

Common Law - Doctrine of Negligence (duty to all persons to exercise due care in their conduct towards others

59
Q

What must the plaintiff prove in Common Law

A
  1. Defendant owed legal duty of care
  2. Duty breached as result of negligence
  3. Suffered damages as proximate result
60
Q

11 Possible Commercial Liabilities

A

Premises and Operations
Completed Operations
Product Liability
Property in custody Exposure
Employeer’s liability Exposure
Contingent Liability Exposure
Contractual Liability Exposure
Automobile / Aircraft / water craft Exposure
Pollution Liability exposure
Incidental MedMal exposure
Personal Injury Exposure

CAIB 3 (7 decks)

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