Civil Justice System -Pre Midterm

Question 1

Torts

Answer 1

reasons why people might sue each other or legal justifications for using someone aka ‘causes of actions’

Question 2

Tort Law

Answer 2

• Unintentional torts - a civil wrong from an unintentional act
• Intentional torts - a civil wrong an intentional act
Strict liability torts - a civil wrong where intention does not matter, activity is inherently dangerous

Question 3

Contract Law

Answer 3

because one party believes the other is in breach of a contract - contractual justification for suing someone

Question 4

legislative rights/violations

Answer 4

rights given under specific pieces of legislation that, if breached, allow people to sue

Question 5

Key Torts

Answer 5

Unintentional torts
	• Negligence
Intentional torts
	• Assault and battery
	• Trespass
	• False arrest and imprisonment
	• Defamation
Nuisance

Question 6

Negligence

Answer 6

• A key tort and #1 reason that people are sued
• Usually arises when someone is injured because someone else has been careless
• 3 elements in order to make out the tort of negligence:
1. The person being sued (defendant) owed a duty of care to the person who was harmed (plaintiff)
2. Defendants harmful behaviour fell below the standard of care of a reasonably careful person
3. The harm was caused by the lack of care
If all elements are established or made out then the defendant is liable - legally and financially responsible

Question 7

To determine negligence

Answer 7

1. Whether the person being sued owed a duty of care to the person who was harmed
   
   2. Whether the defendants harmful behaviour fell below the standard of care of a reasonably careful person
      Whether the harm was caused by the defendants lack of care

Question 8

Intentional Torts

Answer 8

• Where it can be established that the defendant acted with purpose or knew with substantial certainty that harm would ensue, and the act was ‘wrong’
• Examples
○ Assault and battery
§ Civil equivalent of criminal behaviour
§ Uninvited application of force or threat of same
§ Defence? Yes
□ Consent
□ To protect self, others or property
○ Trespass
§ Entering someone’s land without permission
§ Handling property owned by someone else without permission
§ Taking someone else’s property without consent
§ Defence - permission
○ False arrest and imprisonment
§ When someone is stopped, without legal reason, from going where they want or is confirmed without lawful reason
□ Defence - ‘found committing’ or recently committed an offence
○ Defamation
§ Publishing a comment that damages plaintiffs reputation which is read by others
§ 1 other hear or read
§ Defences - the ‘truth’, common law privilege
○ Nuisance
§ Indirect interference with the reasonable enjoyment/use of property
§ Requires an impact on plaintiff to be a successful cause of action
Defence - pre-existing use

Question 9

Strict Liability Torts

Answer 9

• Intention does not matter, activity is inherently dangerous
• If defendant engages in that activity and it causes harm then defendant will be at fault
Defence - defendant demonstrates and absence of fault regarding the harm

Question 10

Law of Contracts

Answer 10

• Contracts are legal agreements which include:
○ An offer
○ Acceptance of offer
○ Consideration - payment of some sort
• Can be verbal or written
• Once contract is established, sue for breach of contract if terms of the contract are not fulfilled
○ One party has failed to do what they said they would by contract
○ The only people who can sue are the parties of the contract
• Defences
○ Incapacity/diminished capacity
Remedy - damages

Question 11

Legislated areas

Answer 11

• Property
○ Real property - ownership/possession of land & fixtures - thing permanently attached to the land
○ Personal property- ownership/possession of chattels/goods
○ Intellectual property - ownership/possession of ideas or buisness
• Family
○ Includes concepts of marriage, divorce, spousal & child support
○ Both federal and provincial legislation
• Child welfare
○ Provincial statutes to ensure children are protected
Gives rights to police and child protection workers to remove child if need be