Fill in the blanks Flashcards
___________arises from illegal acts and omissions.
Liability
Society have a _______ ____ _____ to which individuals must adhere
Standards of Conduct
The Criminal Code details the ______ that are considered criminal and the array of punishment that can be imposed
Offences
Criminal law involves punishing the wrongdoer but rarely with ____ the victim.
Compensation
Canada has two distinct systems of law ____ and _____
Common law and Civil law
___ ___ is the creation of a progressive body of law against future disputes can be evaluated in order to arrive at a verdict
Case law
Changes can also be made to laws though
Statute Law
The ______ _____ of Canada is the ultimate court authority in Canada
Supreme Court
The two branches of civil law that impact insurance are _____- and ____ law
Contract and Tort
Six elements are required for a contract to be binding _____, Intent to bind legally, ______, legality of object, capacity and genuine consent
Agreement and Consideration
In Tort law a wrongdoer is called a ____
Tortfeasor
The three components in tort law that must be present are _____, _____ , and _________
legal duty owed
legal duty breached and
damage or injury suffered as a direct result of the offender’s action
Torts fall into Three main categories, strict liability, _____ torts, and unintentional torts (Negligence)
Intentional
Most unintentional torts involve _____
Negligence
in Canadian Law, ______ are generally deemed innocent until proven guilty for both criminal and civil cases
Defendants
The doctrine __ ___ _____ from Latin meaning - the thing that speaks for itself
res ipsa loquitor
______ policies are designed to compensate third parties for bodily injury, personal injury, property loss, and direct financial loss
Liability
In addition to municipal bylaws, most provinces are governed by the ____ ____ _____ which requires occupiers to keep their property structure and surroundings safe and free of debris or hazards for visitors, neighbors and passerby’s
Occupier liability act
Owners can be liable for third-party bodily injury and property damage caused by their _______
Animals
_____ liability occurs when a party is found to be indirectly liable for an act or omission of another person, that is when one party is acting as an agent of another
Vicarious
with a personal-lines policy, resident employees, such as nannies, servants and gardeners would also fall under the definition of a _______ relationship
Master/service
Alberta’s ____ ______ ____ requires that when two or more people are at fault, they are held jointly and severally liable to the person suffering the damage
Contributory Negligence Act
The law provides strict time limits called ______ to bring suit against another party
Prescription
If you have more than one policy of insurance which applies to a loss or claim or would have applied if this policy did not exist, this policy will be considered ____ ____ and we will not pay nay loss or claim until the amount of such other insurance is used up
Excess insurance
