Chapter 4 - Tort Law Flashcards
Explain how the Statutes in the Canadian legal system are “higher law”
The Statutes are above the judge; they can interpret the Statute, but they cannot change it
What is the highest-level law in Canada?
The Charter of Rights and Freedoms
What’s the difference between civil and common law in Canada?
In civil law, all the laws are written down by legislators or parliament and lawyers argue interpretations of those laws. In common law, the law is not made by legislators or parliament; it is made by judges who render verdicts. Lawyers use old rulings for similar situations to argue their point
Explain how common law is “organic” rather than “stagnant”
Every time a judge makes a decision, the law changes. As society’s morals and ethics change over time the law changes to reflect new beliefs
What is the action in tort law?
The lawsuit
What is the cause of action in tort law?
The type of lawsuit (eg. negligence)
Who is the plaintiff in tort law?
The person with the complaint
Who is the defendant in tort law?
The person defending the action
What is the claim in tort law?
The reason for the lawsuit
What are the damages in tort law?
The compensation (usually money)
What is the purpose of tort law?
To compensate victims for harm caused by the activities of others, and to place the injured party back in the position s/he would have been in, had the tortious act not occurred
What are the different types of injuries that can occur in tort law?
Physical (to the person or property of the victim), emotional, psychological, or financial
What has to happen in tort law for the defendant to be found liable? (%)
There has to be a 51% chance or better that the individual is responsible for the injury
Define “tort”
A wrongful act done to the person or property of another
What is meant by “strict liability”?
If the plaintiff filed the correct form against the defendant, the defendant was found liable, regardless of whether they had committed the act or not (intentionally or unintentionally). The plaintiff did not have to prove fault
