Personal Liability

Question 1

What are the two legal systems in Canada?

Answer 1

Criminal law

Civil Law

Question 2

Who is responsible for the Criminal Code?

Answer 2

Federal

Question 3

What is Civil law responsible for?

Answer 3

deals with individual rights and negligent acts

Question 4

Define Negligence

Answer 4

Failure to exercise the care of a responsible and prudent person OR carelessness

can be dependant on circumstances

Question 5

What makes up Canadian Civil Law?

Answer 5

Common law + statue law

Question 6

What code does QB use?

Answer 6

Civil code- based on written law

Question 7

Define Common Law. Who follows it?

Answer 7

case law + statue law (written and oral)

rule of precedent

Question 8

What are the three provincial courts?

Answer 8

Alberta Provincial court
Court of Queens bench
Court of Appeal

Question 9

Which court is used for Criminal and civil matters

Answer 9

Alberta Provincial court

Question 10

Which court handles next level criminal cases or civil cases >$50K?

Answer 10

Court of Queens Bench AKA district or county courts in other provinces

Question 11

Which court hears appeals from lower court and admin tribunals?

Answer 11

Court of Appeal AKA Supreme Court

Question 12

What are the two branches of civil law in Insurance?

Answer 12

Contract and Tort law

Question 13

Define Tort

Answer 13

Wrongful act ( or failure to act) that causes injury/damage to another

Question 14

Define Tortfeasor

Answer 14

The wrongdooer. Two of them = Joint tortfeasor

Question 15

What are the three components to proving tort

Answer 15

1. Legal duty owned- agree not to hurt someone
2. duty breached- has harmed someone
3. Damages resulted- as a direct result

Question 16

Three types of Tort

Answer 16

Strict & Absolute
Intentional
Unintentional

Question 17

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

Answer 17

True.

Strict liability = insurable

Question 18

Define intentional Tort

Answer 18

Intentional harm= criminal
Is uninsurable
Must prove intent to or that would reasonably expect harm

Question 19

Define Unintentional Tort

Answer 19

Negligence or carelessness. Conduct that a reasonable person would not do OR failing to protect people from reasonable harm

Question 20

Define compensatory damages

Answer 20

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

Question 21

Define general damages

Answer 21

compensate for non-quantifiable losses ie personal injury, long term disability, pain and suffering
the court decides whats fair
covers specific exposures

Question 22

What does special damages cover

Answer 22

out of pocket expenses ie medical, lost wages

Question 23

Define liquidate damages

Answer 23

for breach of contract when signing the deal
covered by CGL, not personal
business

Question 24

Are punitive damages covered by insurance?

Answer 24

No. They are designed to punish the defendant ie fines

Question 25

Are Aggravated damages covered by insurance?

Answer 25

No. They compensate if defendants behaviour caused intangible pain alongside injury

Question 26

Define nominal damages

Answer 26

token awards if rights violated but no damages resulted. Not covered. Usually very small and more symbolic

Question 27

What does the Occupiers Liability Act cover?

ownership of property under CLL

Answer 27

that occupiers must keep premises safe for visitors, neighbours and passer-by. Different standards of care owed to different people

Question 28

When would a parent be liability for their kids?

Answer 28

Negligent supervision
parents gave kids dangerous item
child was instructed by parent
while employed in parent business

Question 29

In CL, when is the landlord responsible for tenants?

Answer 29

If its a Multi unite- common areas
furnished
maintenance
warrants fitness for use
misleads occupiers re: hazards

Question 30

What are tenants liable for?

Answer 30

for safety of others, health safety of premise and not damage the landlord’s property

Question 31

Under joint liability, who is responsible?

Answer 31

Each party is responsible for the full amount. The party being sued can demand that others be included.

Question 32

Under several liability, who is responsible?

Answer 32

Each party liable for their own obligations, debt. Suing one wrong party doesn’t affect the other.

Question 33

Who is responsible when it’s a joint and several liability?

Answer 33

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.

Question 34

What is vicarious liability?

Answer 34

Indirectly liable for act or omission of another.

Question 35

What is contributory negligence?

Answer 35

Applies if damaged was caused jointly buy occupier and a visitor or trespasser.

50/50

Question 36

What are the 5 additional premises covered under personal liability?

Answer 36

Promise you are temporarily using ie hotel
30 days new location
Vacant land
Burial plot owner rented by the insured
Future occupancy of land

Question 37

What are the three types of Non- Delegable Duty?

Answer 37

1. Strict Liability
2. Statutory duty
3. Inherently dangerous work.

Question 38

When is a contractor no longer “independent”

Answer 38

if the occupier directs/controls the contractor

Question 39

What is Strict Liability in Torts?

Answer 39

Liability is determined regardless of the intent of the individual. If you do the activity and it causes harm, you could be held liable.

Question 40

Define Non-degegable duty

Answer 40

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.