Lec 21 - Intro to Canadian Law & Tort Law Flashcards
Legislative power of the Canadian system of governement - three parts
Crown (queen, GG, LG)
Senate (Upper house)
House of Commons (Lower house)
Branches of Government
Legislative, Executive, Judicial
Canadian court system
Hierarchical format (low to high)
Courts, Superior Courts, Appeal Courts, Supreme Courts
Common Law
Not necessarily written down as legislation, based upon how previous similar cases were decided upon
Civil Law
comprehensive statement of rules or civil codes
Tort Law
A civil wrong
Breach of a duty-of-care owed causing injury or loss.
Legal Criteria for Tort
- Duty of care
- Breach of duty of care
- Injury or loss
Two types of tort
Intentional and unintentional
Duty of Care
Obligation or responsibility to adhere to a standard of care when performing an act, especially in order to avoid causing harm
Professional level: the expectation of the reasonable level of ability of a professional
Unintentional Breach of Duty
When the standards of care are not met.
incompetence and negligence
Method to avoid breach
Demonstrate due diligence, conduct investigations and other actions of work in order to mitigate or avoid potential breaches of duty