Jeopardy 1-7 Flashcards
Defaming a business, a product or a property rather than a person.
Injurious falsehood
A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
when the public is misled into believing that one company’s goods or services are those a similar brand or product
Passing off
If someone relies on advice or information negligently provided by a specialist, and does so reasonably to his or her detriment, a duty of care is breached.
Negligent misrepresentation
Regulation, deterrence, compensation, dispute resolution, education and prevention
6 primary purpose of Tort law
Damages are awarded to compensate the injured party
General damage
A promise for an action
unilateral contract
The judge feels that the bargain was unfair due to 1. lopsided bargaining power 2. abuse of authority, or 3. breach of fiduciary duty
unconscionable transactions
Tort law bypass, principal of agents, vicarious liability, corp. form by amalgamation, collateral warranties, etc.
the exceptions to the privity of contract rule
For duress, for undue influence, if a mistake was made, for misrepresentation, where utmost good faith was not demonstrated
the reasons a contract may be impeached
Beyond a reasonable doubt is what probability
98%
Law is whatever judges say it is
legal realism
the level of government in charge of bylaws
Municipal government
three types of offences
summary conviction, indictable and hybrid
the division of law associated with interpersonal matters
private law
An agreement by an offeror to leave an offer open for a specified period of time
option
A person who becomes ill but did not pay for the meal can sue the establishment
neighbour principle
Legal responsibility for the negligence of another person
vicarious liability
fundamental freedom in Section 2 of the Charter
freedom of conscience and religion, freedom of thought, belief, opinion and expression, including freedom of the press freedom of peaceful assembly freedom of association
Circumstances in which the authorities do not need a warrant to research your premises
Consent searches Searches made in connection with an arrest. Emergency exception(imminent danger) the plain view doctrine.
Author of the 1984 Universal Declaration of Human right
John Humphrey
when one person has the power to affect another person’s property or legal interests. A person in this position has a duty to protect the interests of the other.
fiduciary duty
Allows a legislation to override the Charter.
Section 33 of the Charter
A declaration that the statute operates notwithstanding the Charter ceases to have effect after 5 years.
Sunset Clause
