Intro to Liability Insurance Ch. 6 Flashcards
What are two types of law?
Criminal Law
Civil Law
Define Criminal Law
Committing wrongs against society
Define Civil Law
Deals with settling disputes between individuals, corporations and governments on matters not involving a criminal act.
What are the two branches of civil law?
Contract Law- deals wit the enforcement of agreements entered into between tow or more parties.
Tort Law-a private or civil wrong or injury (other than breach of contract) for which the court will provide a remedy in the form of an action for damages
Define Intentional Tort
A wrong that has been deliberately done to another and which caused harm to that individual that was reasonably foreseeable.
Define Unintentional Tort
A wrong that has been caused accidentally or as the result of a person’s negligence.
There are three levels of civil courts in Canada including:
Small Claims Court
County or District Court
Supreme Court (Appeals Court)
What is the difference between Common Law and Statute Law?
Common Law is set by precedents and can be changed by statutes, which are federally and provincially amended written laws that overwrite common law.
Under Common Law, what duty is owed dot a trespasser by an occupier?
No duty owed, other than not to intentionally harm or set traps.
Under Common Law, what duty is owed to a licensee by an occupier?
No duty owed, other than to warn them of any hazard that has been introduced to the premises that the licensee would not normally expect to find and which the occupier knows is dangerous.
Under Common Law, what duty is owed to and invitee by an occupier?
A higher standard of duty to an invitee to protect them not only against dangers of which they know, but which with reasonable care they might discover.
What duty is owed by occupiers to all visitors under the new state law ‘Occupier’s Liability Acts’?
Occupiers of property have a duty to exercise reasonable care to ensure that all visitors are protected from harm while on the premises.
Define General Damages
Reflect the amount that the court believes to have accrued directly as a result of the wrong. Cannot be precisely quantified. Generally payable as a lump sum.
Define Special Damages
The amounts which follow as a natural and direct consequence of the wrong. Limited to actual out-of-pocket expenses and other quantifiable amounts. i.e. extra costs for hospital care, specialized medical or dental services, medication etc.
Third Party defined
Coverage is provided only for bodily injury and property damage caused to a person or other legal entity that is not a party to the contract.