Chapter 4 - Personal Liability Insurance Flashcards
Criminal law
Category of law that deals with wrongs against society
Civil law
Law that concerns itself with settling disputes between individuals or other legal entities in matters not involving a criminal act
Plaintiff
The party making the complaint (suing someone)
Defendant
The party who allegedly committed the wrong.
Tort
A wrong done to another in breach of a duty laid down by law.
Strict liability
Doctrine in law in which “a person is guilty until proven innocent.”
Negligence
The omission to do what a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do.
Special damages
Damages which can be accurately measured and which are intended to reimburse the plaintiff for out-of-pocket expenses.
General damages
Damages which cannot be exactly determined but which reflect an amount the court believes necessary to compensate the aggrieved party fairly.
Trespasser
Someone who is on another’s premises for his/her own purpose without the express or implied permission of the occupier. Their presence is of no value to the occupier and such persons are viewed as having temporarily appropriated the property for their own use.
Licensee
A licensee is someone who comes onto the premises for his own purpose but with the occupier’s consent
Invitee
Someone who enters by invitation, be it express or implied. His entry is connected with the owner’s business or with an activity the owner conducts or permits to be conducted on his land and there is mutual benefit or benefit to the owner.
Visitor
Classification given to a licensee or invitee under provincial Occupier’s Liability Acts.
Joint liability
When two or three people act together so as to cause injury or damage, they are held to be jointly liable
