Link 1 Flashcards

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1
Q

A person who did not pay but become ill from a meal can still sue

A

neighbour principle

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2
Q

Legal responsibility for the negligence of another person

A

vicariously liability

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3
Q

Fundamental Freedoms in Section 2 of the Charter

A

What are: Freedom of conscience and religion, freedom of thought, belief, opinion and expression, including freedom of the press, Freedom of peaceful assembly, Freedom of association

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4
Q

Circumstances in which the authorities do not need a warrant to search your premise?

A

1) Consent
2) Searches made in connection w/ an arrest
3) Emergency exception (imminent danger)
4) The plain view doctrine

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5
Q

Exceptions to the Privity Contract Rule

A
Torts bypass
Principle Agent
Vicarious Liability
corp. formed by amalgamation
collateral warranties
novations
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6
Q

Reasons Contracts can be IMPEACHED (5)

A
duress
under the influence
mistake
  common, mutual, unilateral
Misrepresentation
  innocent, fraudulent, negligent
when utmost faith was not demonstrated
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7
Q

All Laws duly enacted

A

Positive Law

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8
Q

Option

A

An agreement by an offeror to leave an offer open for a specific period of time

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9
Q

if you are not conforming to some law or regulation you are guilty of negligence even though no injury has occurred

A

Negligence per se

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10
Q

The Thing speaks for itself

A

res ipsa loquitor

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11
Q

reasonable worth of the good

A

quantum meruit

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12
Q

habeas corpus

A

to have the body

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13
Q

Three Types of offenses

A

Summary Conviviction
Indictable
Hybrid

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14
Q

It Stands decided

A

Stare Decisis

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15
Q

Law is whatever a judge says it is

A

legal realism

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16
Q

Unconscionable transactions

A

When a judge feels that a bargain was unfair due to:

lopsided bargaining power
abuse of authority
breach of fiduciary duty

17
Q

A promise of action

A

unilateral contract

18
Q

Damages that are awarded to compensate the injured party

A

General damages

19
Q

Primary Purposes of Tort Law (6)

A
Regulation
Deterrence
Compensation
Dispute Resolution
Education
Prevention
20
Q

If someone relies on advice or information negligently provided by a specialist, and does so reasonably to his/her detriment, a duty to care is breached

A

Negligent Misrepresentation

21
Q

Passing off

A

When the public is mislead into believing that one companies goods/services are those of a similar brand or product