Chapter 1 Flashcards
A Legal Perspective
Civil Law
Civil Law concerns with civil or private rivhts and remedies. Compaired to criminal
law which deals with wrongs against society
Tort
A private or civil wrong or INJURY, other than
breach of contract, for which the court will
provide a remedy in the form of an award to
damages
Breach of Contract
Is the failure, without legal excuse to perform
any promise which forms the whole or part of the
contract
Rule of Precedent
Basic concept in common law in which current
court decisions must follow those made in cases
having similar circumstances
Statute Law
Written law enacted by provincial or federal
legislation. It amends or supercedes the common
law
Damages
Are monitary compensation for loss or damage suffered
Compensatory Damages
Are damages intended to compensate the injured
party for the bodily injury or property damage
sustained
General Damages
Are damages which cannot be exactly
determined in monetary terms, but the court believes necessary to compensate the aggrieved party fairly
Special Damages
Are damages which can be measured as to amount
and are often referred to as out of pocket expenses
Exemplary or Punitive Damages
Damages which are intended to punish defendants
for their behaviour or to make an example of them
Nominal Damages
Nominal Damages are when there is no loss or injury to be compensated but the court is sought for validity of the plaintiffs claim when the question of principal is at stake
Doctrine of Negligence
Is the duty of care to all persons to exercise towards others from which injury may result
Negligence
The failure to do something which a reasonable man would or would not do
Strict Liability
Presumes the person conducting activity that is deems exceptionally hazardous shall be legally liable in the event of injury or damage arising out of them.
Occupier
A person who has immediate supervision and
control of the premises and the power to admit and
exclude the entry of others in an occupier
