Link 3 Flashcards
Two Types of Negligence
Intentional and unintentional
What is the most difficult element of negligence to prove?
Proximate cause of the injury
Spoken and Written defamations
Slander and Libel
Assault Battery Trespass Conversion False Imprisonment Intentional infliction of mental suffering Deceit (Fraudulent misrepresentation) Intentional interference with contract
Intentional Torts
This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver
Disclaimer
Discrimination that is actually encouraged in our society
discrimination based on merit
Author of the 1960 Canadian Bill of Rights
John Diefenbaker
Favoritism granted to relatives or friends regardless of merit
nepotism
Legal responsibility for the negligence of another person, Legal doctrine that assigns liability for an injury to a person who did not cause the injury but who has a particular legal relationship to the person who did act negligently
Vicarious Liability
What are the 3 situations allow the employer to discriminate against employees on the basis of drug and alcohol dependancy
Seriously and adversely affecting the employee’s behaviour
Has cause the employee to repeatedly either miss work or be late for work
Has jeopardized the safety of the employer, other employees or the public
Once a contact is written, it cannot be changed w/o consent of both parties
Parol Evidence Rule
Damages imposed to make an example of the wrongdoer
Exemplary damages
A document in which you appoint someone else to act on your behalf on issues that you specify. Issues usually include medical, business, and/or legal dealings
Power of Attorney
3 Ways a Contract is Breached
Repudiation (deny the application of a contract/deal)
failure to perform
sabotage
Land
Marriage
Co-Signing
Estate Trustees promise to pay out of own pocket
Agreements w minors tat must be ratified when they are of age
agreements long than one year
sale of goods over a specific amount
agreement to deliver goods at a future date
Types of Contracts which must be in writting
Law created by a person or body with the authority to enact and enforce it
Positive Law
Someone who certifies documents, but does not draft documents
Notary
Legislators, judges, jurors, lawyers, clients and police
The ‘players’ in the legal system
Specific deterrence
General Deterrence
Rehabilitation
Protection of the public
Purposes of sentencing (4)
First Stage in a criminal court procedure
arraignment
Food poisoning from hamburger
e. coli
Latin for Guilty Act and Mind
Actus Reus and Mens Rea
Offeree fails to accept by deadline
Offeree does not accept w/in a reasonable time
One party dies or loses the capacity of contract
Instances under which an offer lapses
Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ under age.
4 of 7 types of cases the Federal Court of Canada Presides over:
Federal-provincial interprovincial maratime law trademark copyright/ patent residual jurisdiction aeronautics
