Chapter 6 Flashcards
Explain joint tortfeasors
When two or more persons commit a tort acting together they become joint tortfeasors
Joint tortfeasors are two or more persons, acting in contact for a common purpose and causing injury or damage to others
If there are specific amount (%) of responsibilities is clear they are held liable for only that portion of the total damage inflicted
If their specific amount of responsibility, cannot be determined, one party can be chosen by the plaintiff to be held liable for the total amount of damage
Explain joint and several liability
Legislation allows the plaintiff to select one or more tortfeasor to sue for the entire amount based on which of the parties is financially able to handle it
Single tortfeasor responsible for entire judgement
Single tortfeasor takes action against other tortfeasor
The plaintiff may lose a portion of the settlement if contributory negligence is proven
Explain principal and agent
An agent acts on behalf of someone else
Principles are responsible for the conduct of agents acting on their behalf depending on how much authority they have or the source of the authority (contract)
What are the four ways agents are created?
contract
ratification
estoppel
necessity
Explain how agents are created by contract
Principal and agent agree in writing their rights and responsibilities
Express agreement
The principle is not only bound by the expressed authority stated in the contract but also by the apparent or ostensible authority that arises from that operation
Explain how agents are created by ratification
Principle demonstrates acceptance and approval of the agents actions even though there is no written contract
Explain how agents are created by estoppel
The restraint the law places on a person to prevent allegations of the previous representations, either by word or action were not truthful when another person has relied on these representations, assuming them to be true
Explain how agents are created by necessity
No actual authority has been given however, because of the urgent situation, the law allows the person to act as an agent
Explain mandator and mandatary
-Under the civil code of Quebec
-Mandator(client) is liable to third parties, for all obligations contracted by the mandatary(lawyer) within the limits of the mandate
-The mandatary is liable for any injury caused by the fault of the mandatary in performing the mandate, unless it’s proven that the injury could not have been prevented
-The mandatary cannot act beyond the authority expressed or implied in the mandate except for those acts which are incidental and necessary for execution of the mandate
-The mandatary as obliged to execute the mandate and is responsible for damages arising from the failure to do so
Explain employer and employee
-Employees are responsible for the authorize employees to do or the way in which the employee performed the act
-Employees are not responsible for:
Employees personal action when unrelated to performance of their job
Negligence of persons to whom the employee has delegated authority
Negligence of a person who has assume the duties of the employee without authority to do so
When employee is acting outside of the normal work hours
When employee is using premises without authorization to do so
Explain independent contractors
-Independent contractors are personally liable for negligence committed in performing the work, however, general contractors are liable for negligence committed by the subcontractors they hired to perform specific work
-Principal is liable, if
Dangerous work is being performed
Unlawful work
They interfere in the performance of the work
What are the three categories of negligence for municipality liability?
Misfeasance- The improper performance of a legal act
Example- sewer installation
Nonfeasance-The failing to do some thing that had to of been done
Example-sidewalk repair
Malfeasance- Performing an unlawful act
Example- trespassing
Explain municipal liability, and a case study illustrating
Nuisance may be created as a consequence of performing a duty negligence must be proven
Written notice within a specified number of days is required -15 days
A legal action must be brought with a specified time period-90 days
Norwell versus Toronto
Explain tenants legal liability, and a case study illustrating
The relationship between Tenants and their landlord is set out in the lease agreement between them
The lease maleate creates liabilities on the part of the tenant
The lease agreement defines the responsibility of the tenant for any damage that occurs
Leases tend to various considerably
Subrogation against the tenant depends on the lease and the courts
Many leases specifically require tenants to pay a part of the landlords fire insurance premium that is proportionate to the area leased
United motors service Inc. versus Hutson et al
Explain class actions
-There is a procedure which permits a member of a group to institute legal action for the benefit of all members
-There are conditions:
The person must obtain authorization from the court to institute a class action
Each member of the class has the same interest and not just a similar interest
The claim is against a discreditable fund, or an asset existing for the benefit of the class
