common law

Question 1

what falls under common law

Answer 1

• property (rights associated with owning property)
• contracts (making business more efficient)
• torts (addressing wrongs/harms)
• (judges interpretation of statute law)

Question 2

what falls under statute law

Answer 2

• criminal
• regulatory
• constitution
• etc

Question 3

does statute law affect common law

Answer 3

• yes, can overrule the common law if politicians dont like judge decision

Question 4

do judges affect statute law

Answer 4

• yes, judge interpretation

Question 5

law of torts - purpose and goal

Answer 5

• many kinds
• purpose: to assign liability to those who likely caused harm to another (personal or property) and determine remedy
• goal: return harmed person to position before harm occurred

Question 6

who can sue

Answer 6

• private citizens
• corporations
• government

Question 7

who can be sued

Answer 7

• employers (if an employee does something wrong employer will be sued)
• parents (for minors)
• government

Question 8

balance of probabilities

Answer 8

• was it likely that harm was caused used in tort

- different than crim law - use beyond reasonable doubt, need more to prove

Question 9

what is harm

Answer 9

• physical
• psychological
• financial

Question 10

what if no injurty

Answer 10

• cant bring to tort law

- its not about the act itself, its about the harm

Question 11

intention

Answer 11

• criminal: intention matters, must mean to do it

- tort: doesnt matter if you mean to do it, you still did

Question 12

remedy for tort

Answer 12

• usually money
• never jail
• criminal: fined, jail, community service

Question 13

who makes tort laws:

Answer 13

• judges

Question 14

tort law and other types of prosecution

Answer 14

• can have separate civil lawsuit and criminal prosecution for the same incident, if you lose one case can win other
• regulatory: separate civil lawsuit and regulatory prosecution
• contract law: combined tort and contract actions in one civil suit

Question 15

types of torts used in environmental issues

Answer 15

• nuisance
• trespass
• rule in rylands v fletcher
• negligence
• riparian rights

Question 16

other torts

Answer 16

• assault
• defamation
• false arrest/false imprisonment
• more

Question 17

tort law and the environment

Answer 17

• not intended to protect the environment for the benefit of the public and future gens

Question 18

social role of tort law

Answer 18

• used to be all we had for environmental law
• now legislation has filled role since 1970s
• can it still address environmental issues?

Question 19

tresspass

Answer 19

• interference with anothers possession of land

- enter or place anything on another’s land or cause object to cross on anothers land

Question 20

nuisance

Answer 20

• physical injury to land (indirect)
• substantial and unreasonable interference (indirect) with anothers use and enjoyment of land
• smells, noises, vibrations, pollution (not one off events)
• context is everythin

Question 21

can a first nation sue in nuisance

Answer 21

• not not determinative that the law nas not recognized particular claim
• its unprecedented to allow unrecognized aboriginal rights to ground common law claims in tort
  0 a change in law to permit it woudlnt be a change in the nature in common law development
• civil claim discloses no reasonable cause of action in respect to claims of nuisance
• interfere with riparian rights bc based on aboriginal title and other aboriginal rights

Question 22

rule in rylands v fletcher

Answer 22

• used often, rarely works
• substance escapes from your property resulting from a non natural use of property and harms anothers property
• hard to know what is non natural

Question 23

negligence

Answer 23

• harmed someone (injury) and caused (foreseeable) harm to someone within duty of care and fell below standard of care - liable in negligence
• ex. contaminated drinking waster case could have been tort case

Question 24

sydney tar ponds class action

Answer 24

• one of the most contaminated sites in canada
• provincial and federal crown corps
• airborne emissions - contaminated property and health impacts
• common law suit by affected residents via class actions

Question 25

certification of class action

Answer 25

• representative plaintive: win or lose for all
• many poeple with similar injuries from same causal incident
• must show cuase fo action
• must have common legal issues among class members
• class action must be fair and efficient way to resolve

Question 26

remedies sought by residents (tar ponds)

Answer 26

• removal of contaminants
• medical monitoring
• damages for nuisance and battery

Question 27

class action certification appealed by government

Answer 27

• NS court of appeal 2013: no casue of action in trespass, battery, rylands v fletcher but yes to nuisance
• harm in nuisance never common enough to meet requirement of class action
• SCC appeal declined in 2015

Question 28

smith v inco 2011

Answer 28

• rule in rylands v fletcher: refinery = natural use
• nuisance: injury to land = health impacts, no proven impacts so nuisance
• evidence indicated taht inco complied with regulations
• governance probelm not legal