Lesson 1 Canadian Legal System Flashcards
Contract law
Key area of law for construction disputes o
Contracts are voluntary, often need not be in writing, define rights and responsibilities
Tort law
o Duty to not harm those in the community, intentionally or unintentionally (do good open others)
o Negligence is just one type of tort, but is common in construction disputes
What is a contract
Contracts are voluntary agreements between two or more parties that set out the rights,
responsibilities, and liabilities of the parties to each other. While contracts are often written, oral
contracts are also legally enforceable, except in cases of special types of contracts.
Statute Law
In Canada, laws can be created in several ways. Federal and provincial governments can enact statutes.
Statute laws must be compatible with the Constitution to be enforceable.
Common Law
is a body of law that traces its roots to
England. Common law is created by judges based upon
principles of law and equity established and modified over
hundreds of years.
What is the tort of negligence?
is the failure to take reasonable
care for another person.