Personal Liability Flashcards
What are the two legal systems in Canada?
Criminal law
Civil Law
Who is responsible for the Criminal Code?
Federal
What is Civil law responsible for?
deals with individual rights and negligent acts
Define Negligence
Failure to exercise the care of a responsible and prudent person OR carelessness
can be dependant on circumstances
What makes up Canadian Civil Law?
Common law + statue law
What code does QB use?
Civil code- based on written law
Define Common Law. Who follows it?
case law + statue law (written and oral)
rule of precedent
What are the three provincial courts?
Alberta Provincial court
Court of Queens bench
Court of Appeal
Which court is used for Criminal and civil matters
Alberta Provincial court
Which court handles next level criminal cases or civil cases >$50K?
Court of Queens Bench AKA district or county courts in other provinces
Which court hears appeals from lower court and admin tribunals?
Court of Appeal AKA Supreme Court
What are the two branches of civil law in Insurance?
Contract and Tort law
Define Tort
Wrongful act ( or failure to act) that causes injury/damage to another
Define Tortfeasor
The wrongdooer. Two of them = Joint tortfeasor
What are the three components to proving tort
- Legal duty owned- agree not to hurt someone
- duty breached- has harmed someone
- Damages resulted- as a direct result
Three types of Tort
Strict & Absolute
Intentional
Unintentional
True or False
Strict liability applies to dangerous activities. No need to prove negligence or fault. Only that the defendant did a dangerous act that damaged the plaintiff
True.
Strict liability = insurable
Define intentional Tort
Intentional harm= criminal
Is uninsurable
Must prove intent to or that would reasonably expect harm
Define Unintentional Tort
Negligence or carelessness. Conduct that a reasonable person would not do OR failing to protect people from reasonable harm
Define compensatory damages
to indemnify the plaintiff (value of the property before and after). for breach of contract- the court estimates what the plaintiff would have gained if the contract continued
Define general damages
compensate for non-quantifiable losses ie personal injury, long term disability, pain and suffering
the court decides whats fair
covers specific exposures
What does special damages cover
out of pocket expenses ie medical, lost wages
Define liquidate damages
for breach of contract when signing the deal
covered by CGL, not personal
business
Are punitive damages covered by insurance?
No. They are designed to punish the defendant ie fines
Are Aggravated damages covered by insurance?
No. They compensate if defendants behaviour caused intangible pain alongside injury
Define nominal damages
token awards if rights violated but no damages resulted. Not covered. Usually very small and more symbolic
What does the Occupiers Liability Act cover?
ownership of property under CLL
that occupiers must keep premises safe for visitors, neighbours and passer-by. Different standards of care owed to different people
When would a parent be liability for their kids?
Negligent supervision
parents gave kids dangerous item
child was instructed by parent
while employed in parent business
In CL, when is the landlord responsible for tenants?
If its a Multi unite- common areas furnished maintenance warrants fitness for use misleads occupiers re: hazards
What are tenants liable for?
for safety of others, health safety of premise and not damage the landlord’s property
Under joint liability, who is responsible?
Each party is responsible for the full amount. The party being sued can demand that others be included.
Under several liability, who is responsible?
Each party liable for their own obligations, debt. Suing one wrong party doesn’t affect the other.
Who is responsible when it’s a joint and several liability?
It lets the plaintiff collect fast by suing the richest guy. Avoids delays. Each party is fully responsible. Each defendant pays their percentage then settles among themselves.
What is vicarious liability?
Indirectly liable for act or omission of another.
What is contributory negligence?
Applies if damaged was caused jointly buy occupier and a visitor or trespasser.
50/50
What are the 5 additional premises covered under personal liability?
Promise you are temporarily using ie hotel 30 days new location Vacant land Burial plot owner rented by the insured Future occupancy of land
What are the three types of Non- Delegable Duty?
- Strict Liability
- Statutory duty
- Inherently dangerous work.
When is a contractor no longer “independent”
if the occupier directs/controls the contractor
What is Strict Liability in Torts?
Liability is determined regardless of the intent of the individual. If you do the activity and it causes harm, you could be held liable.
Define Non-degegable duty
a duty of care owned towards a group of people which cannot be assigned to someone else. A defendant will be liable for the wrongdoings of others even if they are independent contractors.
