Chapter 1 - Introduction to Liability Insurance Flashcards
For our purposes what does “liability” equate to?
Responsibility; the responsibility created due to a persons action related to their ownership or use of something
What words do nearly all insurance policies include?
“Liability imposed by law” or “May become legally obligated to pay”
What are the three categories of tort?
Negligence
Nuisance
Breach of contract
What is a tort?
A tort is a civil wrong or injury recognized under law, other than breach of contract, whereby an injured party squires the right to sue the defendant, usually for court award in the form of compensation
What is an intentional tort?
When someone intends to injure someone else in a way that the law forbids
What is the most common tort?
Negligence
What is private nuisance?
When a person interferes with another’s use or enjoyment of living area
What is public nuisance?
Public nuisance is interference involving the rights of many
Who can bring action for public nuisance?
The attorney general
What are some examples of nuisance?
Noise, vibrations, and noxious odours
What is breach of contract?
When a party to a contract fails to honour the terms of the contract
What does criminal law seek to establish?
Guilt
What does civil law seek to determine?
Fault
What are the two systems of civil law?
The common law system and the Civil Code of Quebec
How did the common law system evolve?
Through case law precedent and statute law
