Link 2 Flashcards
Author of the 1948 Universal Declaration of Human Rights
John Humphrey
When one person has the power to affect another person’s property of legal interests. A person in this position has a duty to protect the interest of the other.
Fiduciary Duty
Allows a legislation to override the Charter?
Section 33
A declaration that statute operates notwithstanding the Charter ceases to have effect after five years?
Sunset Clause
The Charter is part of the (BLANK), whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
What would a careful, thoughtful person in the same circumstance have done?
Reasonable person test
A tortfeasor who can reasonable foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated?
Thin Skull Rule
Latin term for “it is not my deed”
Non est factum
What are the defenses to intentional torts?
1) Consent
2) Self Defense
3) Defense of property
4) Defense of a 3rd person
5) Necessity
6) Legal Authority
7) Lack of Intention
Ways to prevent potential legal action against your business
SOPS Staff training Regulatory Adherence (To laws) Record Keeping Waivers and Disclaimers Releases Insurance
The exchange of benefits; the price a party pays for the promise
Considerations
When a contract is breached, the injured party must do what is required to limit the losses they suffer
Duty to Mitigate
Types of Damages
Punitive
Exemplary
General
Innocent, negligent and fraudulent
Kinds of Misrepresentation
How can contracts be discharged?
Performance
By Agreement
By Frustration
OPeration of Law
