Chapter 1 Flashcards
What three things does every person have?
- Legal Rights
- Legal Responsibilities
- A Right to Remain Free from harm
Legal Wrong
An Invasion of the legal rights of others.
What are the Categories of Legal Wrongs?
- Criminal
- Civil
Where are the principals of criminal law established?
In the Canadian Criminal Code
What does Criminal Law Address?
Crimes against society.
What are some examples of Criminal Wrongs?
- Vandalism
- Malicious Acts
- Dangerous or Impaired Driving
- Possession or trafficking drugs
- Robbery
- Burglary
- Theft
- Manslaughter or Murder
- Price Fixing
Who has a duty to punish those who commit criminal acts?
The State. They automatically bring action against the wrongdoer with or without permission from the victim.
What is the principal role of criminal law?
To punish the people responsible for the crime.
Statute Law
Written Law
Who creates Statute Law
Federal and Provincial legislation.
Can Statute Law supercede Common Law?
Yes
Damages
Compensation in Money awarded by the court
Compensatory Damages
Intended to compensate the injured party for bodily injury or property damage that was sustained.
General Damages
Damages cannot be determined exactly in monetary terms. Awarded for economic and non-economic; Includes Pain and Suffering, Humiliation, Inconvenience, Disfigurement, Permanency, Future Earnings and future care
How does the court determine the amount of general damages?
- Does the injury affect a person’s ability to work.
- What is the person’s occupation or profession.
- Is the person permanently disabled.
- If permanently disabled and unable to work what would the career path and future earnings have been.
- What effect has the injury had on a person’s lifestyle.
Special Damages
Damages can be measured, also called out-of-pocket expenses. Doctors and Dentists, Specialists, Nurning Homes, Loss of Earnings.
What two kinds of damages to compensatory damages include?
- Both General and Special Damages. Amounts of General and Special Damages sought must be contained in a Statement of Claim.
Other factors Influencing General Damages or Special Damages
- Extent of financial support provided by injured party to family. Head of Household.
- Social Position
- Reputation
- Status in Society
- Importance in Community
How is the amount of Compensatory Damages for Property Damage Measured?
By the Amount of Loss
What Two factors are considered when calculating compensatory damages for property damage?
Amount of Award Measured by Amount of Loss. - Difference in Value in Tangible Property Before and After the Damage.
Financial Loss Resulting from Loss of Use
Punitive/Exemplary Damage
Over and Above Compensatory Damage. Awarded in Intentional Torts in cases of Violence, Oppression, Malice, Fraud, Wanton or Callous Conduct/
What is the purpose of Awarding Exemplary/Punitive Damages
Punishment of defendant or example to others committing similar acts that behaviot is unacceptable. Canadian courts rarely award Punitive Damages.
Nominal Damages
When a Question of Principle is at stake. With no substantial loss or injury is to be compensated. Can be as little as 1.00.
Who Awards Damages when defendant is found legally liable?
The Jury in Matters of Fact.
The Judge in Matters of Law.
What means may the plaintiff use to collect damages?
- Registering Writ of Execution against defendant’s property, and a garnishing of wages.
Contract
A private bargain between parties. Only the parties to the contract can sue for breach of contract.
What Options are Available to Remedy Breach of Contract`
- Award Damages
- Enforce Specific Performance
- Grant Injunction to prohibit or enforce certain Acts
- Permit Rescission of the Contract.
When can the courts award payment of damages for breach of contract.
When No Other Option is Available to Compensate the Injured Or Wronged Party. Costs Include the cost to complete work, and costs relating to delays. The purpose is to compensate for the failure to perform.
What does the rescission of the contract do?
It returns the parties to their pre-contract position.
What Do Statutes Do?
Regulate the Standards of Specific Activities.
What happens when Statutes are Breached.
The Defendant will be held legally responsible.
Strict Liability
Certain Activities are so hazardous that if injury or damage arises out of them, the person conducting the activity shall be presumed to be legally liable.
What is the rationale behind the principle of strict liability
To place a greater onus of responsibility on those who are in the best position to control them
What activities impose strict liability?
- Setting off of explosives
- Lighting of Fires
- Operation of Aircraft
- Keeping a dangerous thing on the premises.
What is the insurance broker required to do?
- Identify a client’s liability
- Recommend Proper Insurance Coverage
Premises and Operations Liability Exposure
Occupiers may be financially responsible to third parties for losses arising out of the premises as well as the operations.
Who is An Occupier
Includes, Owners, tenants, and People performing work there. Status of occupier not dependent on ownership but rather based on control over the premises. An Occupier is one who has supervision and control of the premises and has the right to admit or exclude the entry of others.
What are the Occupiers Responsible for when it comes to Damages.
- The condition of the premises
- The operations conducted thereon.
Premise Exposure
Based on the principle that the occupier is responsible for the condition of the premises.
What Conditions inside and outside the premises may lead to claims of injury or property damage?
- Loose railing, wet or slippery floors, lifted carpets
- Protruding nails protruding in entryway
- Disrepair of sidewalk
- General disrepair of building
- Inadequate identification or poor lighting of exits
What are the majority of premises liability claims based on.
Allegations that the occupier was negligent and failed to provide the common duty owed.
Operations Exposure
Arises directly out of the activities conducted by the business.
How is the degree of Duty of Care determined
It is determined by the reason reason is on the premises. No Duty of Care is Owed to a Trespasser, a Higher Duty of Care is Owed to a customer or invitee.
Occupiers’ Liability act
Establishes a common duty of care to all persons entering the building with permission. Ex0pressed or Implied.
Common Duty of Occupiers
To take reasonable care to see that the visitor will be reasonably safe in using the premises for which he is invited or permitted to be there by the occupier.
What are the exceptions in the occupiers’ Liability Act.
Common duty not owed relating to risks willingly accepted, including attending sporting events or rock concerts and work related risks.
What is the only duty owed to trespassers?
Not to Intentionally harm or set a trap for them.
When is the liability of Independent Contractors?
The principal will not be liable for contractor’s negligence when certain conditions are met.
- The occupier exercised reasonable care in selecting the contractor.
- It was reasonable that the work should have been done.
When do both the occupier and contractor share the liability?
- The work being contracted is inherently dangerous.
- Both, the occupier and the contractor share the liability when injury or damage results from the contractor’s use of defective fixtures, machinery or equipment provided by the principal.
- When the principal controls the manner in which the work is done.
Are Landlords liable to single-occupancy tenants or their customers for injuries caused by unsafe conditions of premises?
No, except when the landlord fails to notify the tenant of dangerous conditions they are aware of or the landlord agreed to make repairs and fails to do so.
Are Landlords liable to multiple-occupancy tenants or their customers for injuries caused by unsafe conditions of premises?
Yes, for the condition for all common areas.
What is the Duty Owed to persons outside the premises.
In both common law and statute law, occupiers owe a duty to persons who do not enter the premises but suffer damages from the condition of the premises, and operations conducted on the premises.
Nuisance
Everything that endangers life or health, gives offense to the senses, violates the laws of decency, or obstructs reasonable and comfortable use of the property.
What must the plaintiff show for nuisance?
Physical injury or substantial interference with use or enjoyment of the land. Injury or interference was unreasonable.
Trespass
Unlawful interference with one’s person, property or rights.
