Link 3 Flashcards

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1
Q

Two Types of Negligence

A

Intentional and unintentional

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2
Q

What is the most difficult element of negligence to prove?

A

Proximate cause of the injury

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3
Q

Spoken and Written defamations

A

Slander and Libel

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4
Q
Assault
Battery
Trespass
Conversion
False Imprisonment
Intentional infliction of mental suffering
Deceit (Fraudulent misrepresentation)
Intentional interference with contract
A

Intentional Torts

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5
Q

This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver

A

Disclaimer

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6
Q

Discrimination that is actually encouraged in our society

A

discrimination based on merit

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7
Q

Author of the 1960 Canadian Bill of Rights

A

John Diefenbaker

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8
Q

Favoritism granted to relatives or friends regardless of merit

A

nepotism

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9
Q

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

A

Vicarious Liability

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10
Q

What are the 3 situations allow the employer to discriminate against employees on the basis of drug and alcohol dependancy

A

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

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11
Q

Once a contact is written, it cannot be changed w/o consent of both parties

A

Parol Evidence Rule

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12
Q

Damages imposed to make an example of the wrongdoer

A

Exemplary damages

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13
Q

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

A

Power of Attorney

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14
Q

3 Ways a Contract is Breached

A

Repudiation (deny the application of a contract/deal)

failure to perform

sabotage

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15
Q

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

A

Types of Contracts which must be in writting

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16
Q

Law created by a person or body with the authority to enact and enforce it

A

Positive Law

17
Q

Someone who certifies documents, but does not draft documents

A

Notary

18
Q

Legislators, judges, jurors, lawyers, clients and police

A

The ‘players’ in the legal system

19
Q

Specific deterrence
General Deterrence
Rehabilitation
Protection of the public

A

Purposes of sentencing (4)

20
Q

First Stage in a criminal court procedure

A

arraignment

21
Q

Food poisoning from hamburger

A

e. coli

22
Q

Latin for Guilty Act and Mind

A

Actus Reus and Mens Rea

23
Q

Offeree fails to accept by deadline
Offeree does not accept w/in a reasonable time
One party dies or loses the capacity of contract

A

Instances under which an offer lapses

24
Q

Alcohol misuse under the Liquor License Act

A

An alcohol provider can be charged for serving anyone who appears intoxicated/ under age.

25
Q

4 of 7 types of cases the Federal Court of Canada Presides over:

A
Federal-provincial
interprovincial
maratime law
trademark
copyright/ patent
residual jurisdiction
aeronautics