Chapter 6 Flashcards
What three cases illustrates proximate cause?
Scott vs Shepard- firecracker thrown around
The king vs Laperriere-explosives left by the army where kids found them
Beaudoin vs TW Hand Fireworks-sparklers left unexploded where kids found them
Define joint and several liability
A legal term suggesting a partnership in which parties are bound to pay off all obligations regardless of the ability of some of the parties to pay all (or any) of the amount that would otherwise be appointed to them
Define agent
A person licensed and authorized or employed to act on behalf of another
Define principal
The individual or corporation whose performance is guaranteed in suretyship
Define Qui facit per altium facit per se
One who acts through another acts himself
How is an agency created between an agent and principal?
Contract
Ratification
Estoppel
Necessity
Explain contract between a principal and agent
Subject to the same rules that affect other contracts
The principal is bound not only by the express authority states in the contract but also by the apparent or ostensible authority that arises from the operation of the contract
Explain ratification between a principal and agent
An agent may knowingly act for a principal without express authority to do so. If the principal later acquiesces or by some positive act demonstrates acceptance and approval of the agents actions, ratification is said to have occurred and agency created between the two
Explain estoppel between principal and agent
Is simply the restraints the law places on a person to prevent allegations that previous representations, either by word or action, were not truthful, when another person has relied on those representations assuming them to be true. It applies to the law of agency when a principal tacitly agrees to allow someone to act as an agent on a matter where, in fact, no authority has been given
Explain necessity between principal and agent
There are cases where no actual authority has been conferred by a principal to an agent, but because if the urgency of the situation, the law allows the person to act as an agent
What case illustrates the master and servant concept?
Lockhart vs Canadian pacific Ry. Co.
Employee uses his own vehicle to do company business, gets into an accident, court decides employer was responsible
What are the exceptions to the rule of the contractor being responsible for the subcontractors actions?
Dangerous work is undertaken
Unlawful work is done
The principal interferes with the contractor
What case illustrates the concept the principal interferes with the contractor?
Davie shipbuilding ltd. Vs cargill grain co
Define feasance
The performance of an act. A legal term for doing or accomplishing something
Define misfeasance and provide an example
The improper performance of something that is legal to do
Example- municipality negligently installing storm sewers, which results in the backup of sewers into many homes
Define nonfeasance and provide an example
The omission to perform duties which by law one is bound to do. The failure to perform an act required by law
Example-city is advised of damaged sidewalk, it neglects to repair it
Define malfeasance and provide and example
An intentional act which in itself is unlawful, or wrongful, and is conducted by someone in an official capacity as an official duty
Example-city employee hires family member for job, city employee then pays family member to intentionally break rules to help them out
What case illustrates tenant legal liability?
United motors service Ltd. Vs Hutson et al
What must be included in order to file a class action lawsuit?
-Each member of the class has the same interest and not just a similar interest on the subject matter of the litigation
-the claim is against a discernible fund or an asset existing for the benefit of the class and there only remains to be determined the right of the plaintiffs to the asset in while or in part
Explain pre-judgement interest on goods
The interest in money owing on goods accrues from the date that payment was due and not the date the plaintiff made recovery at trail
Explain non-economic damages
Pre-judgement interest from the date of loss or date of the notice of claim until the date of judgement for non-economic damages
Explain post-judgement payments
Interest usually runs from the date judgement is rendered until the damages are paid
