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C13 Insurance Against Liability > Chapter 1 - Introduction to Liability Insurance > Flashcards

Chapter 1 - Introduction to Liability Insurance Flashcards

1
Q

What are the three categories in which the law may impose liability?

A

Negligence, Nuisance and Breach of Contract

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2
Q

What is a tort?

A

A civil wrong or injury recognized under law other than a breach of contract whereby an injured party acquires the right to sue the defendant

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3
Q

Provide an example of negligence

A

(example of a tort being committed due to an act that the negative consequences could not be foreseen)

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4
Q

Provide an example of nuisance

A

(example of someone not being able to enjoy their property)

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5
Q

Provide an example of breach of contract

A

(example of when a contract is failed to be met)

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6
Q

What are the three types of government under Canadian law?

A

Federal, provincial and municipal

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7
Q

Which act provides the provincial government with power?

A

Constitution Act

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8
Q

Where are the list of acts that qualify as a crime located?

A

Criminal Code of Canada

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9
Q

Speeding is an example of what type of crime?

A

Quasi-crime

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10
Q

Define quasi-crime

A

Not a crime as per the Criminal Code of Canada, but would still qualify as an offence

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11
Q

How does civil law differ from criminal law?

A

Injured party is usually interested in monetary compensation and could be any dispute not involving a criminal or quasi-criminal act

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12
Q

How does the criminal court punish?

A

Imprisonment or fine

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13
Q

When was the Civil Code of Quebec enacted?

A

January 1, 1994

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14
Q

What do articles 2389 to 2414 outline?

A

The rules governing insurance in general

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15
Q

What do articles 2463 to 2479 outline?

A

Common provisions to property and liability insurance

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16
Q

What do articles 2498 to 2504 outline?

A

Specifically deal with liability insurance

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17
Q

What is case law?

A

Recordings in writing that have been set based off of precedent, it is not actually a branch of law

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18
Q

What is statute law?

A

Laws that have been set in writing (ie. Criminal Code of Canada)

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19
Q

What is Common Law a combination of?

A

Case law and statute law

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20
Q

How do you create precedent?

A

If no precedent has been set, the court may include a set of rules within the judgment for a logical argument. This would be a precedent-setting case law.

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21
Q

What is the hierarchy or precedent?

A

If more than one judgment is found for a similar situation, the precedent set by the highest level of court will be followed

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22
Q

How does Quebec use precedent?

A

They are not bound to it but they can use it to influence their decision

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23
Q

What is typically the lowest level of court?

A

Small claims court

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24
Q

What is the highest level of court?

A

Supreme Court of Canada

25
Q

How does right to appeal affect small claims court?

A

In the majority of jurisdictions, there is no right to appeal in small claims court; but if appealed would go to the district court if it can be appealed

26
Q

If district court is to be appealed, where does it go?

A

Provincial Courts of Appeal

27
Q

If provincial courts of appeal are appealed, where does it go?

A

Supreme Court of Canada

28
Q

What are the two other branches of the supreme court?

A

Federal Court Trial Division and Federal Court of Appeal

29
Q

Outline the structure of the court system from lowest to highest authority

A

Small Claims Courts -> District Court -> Provincial Court -> Supreme Court of Canada

30
Q

What word equates to the term “responsibility” as it is used in the insurance business?

A

Liability

31
Q

What are three categories used to classify the way in which the law imposes liability?

A

Negligence, Nuisance, Breach of Contract

32
Q

What is a tort?

A

A civil or legal wrong other than breach of contract

33
Q

What is negligence?

A

An act that causes damage or injury by conduct

34
Q

What is a private nuisance?

A

It interferes with the enjoyment of personal living area

35
Q

What is a public nuisance?

A

It interferes with the rights of many people

36
Q

What is a breach of contract?

A

When a party to a contract fails to honour the terms of the contract

37
Q

Why does our system of civil justice impose responsibilities on people?

A

It is a natural deterrent to irresponsible behaviour in both personal and corporate acts

38
Q

Identify three levels of government that enact laws

A

Federal, provincial and municipal governments

39
Q

How does a liability policy protect businesses?

A

For the fee of insurance premium it protects them from paying a large amount, large legal fees and judgments could lead to bankruptcy

40
Q

What types of rights are likely to be involved in civil lawsuits?

A

Individual rights, family relationships, contracts, estates and any dispute not deemed to be criminal or quasi-criminal

41
Q

What is a quasi-crime?

A

An offence that is not prohibited by the Criminal Code of Canada

42
Q

What is the difference between criminal law and civil law?

A

Criminal law is to determine guilt and provide punishment through imprisonment & fines, civil law is to settle disputes and often provide monetary compensation

43
Q

Very briefly review the history of the legal system in Quebec

A

France assumed jurisdiction of Quebec in 1663, subject to the Customs of Paris (similar to Roman law). In 1763, Quebec ceded to the British but in 1861 there was a bilingual consolidation of the civil code. The first civil code of Lower Canada was approved in 1866 it was a combination of the Customs of Paris and the Napoleonic code. There was much revision of the Civil Code but it was culminated and completed by January 1 of 1994.

44
Q

What is the role of the court in Quebec in civil matters?

A

To settle disputes according to the specifications of the Code, it is not to make or interpret law

45
Q

What types of law comprise the common law system?

A

Case law and statute law

46
Q

How are cases decided under the common law system?

A

It could be decided by either case or statute, however statue law would supercede any existing case law

47
Q

How is precedent set?

A

By the courts when a decision is made when pre-existing precedent does not exist

48
Q

What is the judicial heirarchy in the common law provinces?

A

The highest court (Supreme Court of Canada) will supercede the ruling of any lower level of court

49
Q

How is Quebec affect by case law?

A

They are not bound by it but it can influence their decisions

50
Q

Not every case can be tried in the Supreme Court of Canada. Explain why.

A

The system deals with intellectual property, federal taxes, marine or admiralty law and other similar categories within the federal domain

51
Q

While grocery shopping at Food World, Mrs. Jones slips and falls on a wet spot in the produce section. As a result of the fall, Mrs. Jones breaks her hip and must take six months off from work to heal. Mrs. Jones sues Food World.

Under what area of the law does Mrs. Jones frame her lawsuit against Food World?

A

Negligence

52
Q

After moving into his new house, Dylan has many parties. Dylan’s new neighbour is frustrated because she cannot enjoy her property because of the constant loud music and the many disturbances caused by Dylan’s guests. Dylan’s neighbour brings a civil lawsuit against him.

Under what area of the law does the neighbour frame her lawsuit against Dylan?

A

Private nuisance

53
Q

When Kayla did not pay her rent on time, she received a notice of eviction from her landlord.

What area of the law enables the landlord to evict Kayla?

A

Breach of contract

54
Q

Postal service fall under the jurisdiction of what level of Canadian government?

A

Federal

55
Q

Explain how criminal law differs from civil law

A

Criminal:

  • Crime against society
  • Criminal Code lists acts against society (Criminal Code of Canada)
  • Seeks to determine guilt
  • Demands punishment through imprisonment or fines

Civil:

  • Lawsuits arise from private disputes
  • Individuals or corporations can sue / be sued
  • Monetary compensation
  • Court deals with appropriate compensation
  • Ensures the at fault party pays compensation
  • Seeks to assign fault
  • Not mutually exclusive to criminal
  • You could be found not guilty but still face a lawsuit
  • Standards of proof are not as high as criminal
56
Q

Compare case law and statue law

A
  • Statute law comes into effect when laws are passed in written form
  • Statute law derived from legal principles and criteria developed by case law
  • Statue law is response is rapidly changing society
  • Statue law supercedes case law
  • Case law is not a branch of law, it is a recording of decisions
  • Under common law, courts look to previous cases for guidance on how to resolve current ones
  • Research is conducted by lawyers and judges to determine which previous cases are similar
  • When past cases provide an outline, they follow precedent
57
Q

Outline the heirarchy applied in the law of precedent

A
  • To create precedence, the court may organize a set of rules with specific criteria in a logical argument in its judgment to support its decision
  • When more than one case is found, the precedent set by the highest court will be followed
  • Supreme Court of Canada decisions supercede all
  • Provincial court supercedes lower level courts
  • Decisions other than the one where the incident took place can be considered but do not have as much influence
58
Q

How does the law of precedent affect the Civil Code of Quebec?

A

Not bound by precedent but can be persuaded by them

C13 Insurance Against Liability (10 decks)

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