Private Law: Torts & Contracts Flashcards
What is the difference between private and public law?
Private law governs the relationships between persons.
Public law governs the relationship between persons and the state.
Private law is under the jurisdiction of…
Provincial and territorial legislatures
What area of private law does Parliament have a more significant role?
- intellectual property
- family law - marriage and divorce
What does tort law deal with?
a type of civil wrong committed by one person against another, and the remedies available
What are the 4 categories of tort law?
- Intentional torts
- Negligence
- Strict liability
- Misc torts/unique liability principles
What are the most serious types of torts?
Intentional torts
What are 2 categories of intentional torts?
- intentional interference with persons or property
- intentional interference with other interests
What are types of the intentional tort “trespass to person”?
- assault
- battery
- false imprisonment
What are the types of trespass to property?
- trespass to land
- trespass to chattels
What are the intentional interference with other interests torts?
- deceit
- passing off
- inducing breach of contract
- intimidation
- abuse of power
What are some defenses to intentional torts?
- consent
- self-defence
- legal authority (permission by statute)
What are the two types of negligence torts?
Misfeasance & Nonmisfeasance
What are the 5 elements needed for a negligence claim?
- duty of care
- standard of care & breach
- factual causation
- legal causation
- damages
What are some defences to negligence?
- contributory negligence
- consent
- illegality
What is strict liability?
When the tortfeasor was not negligent but still held liable
What cases are most often seen with strict liability?
- the use of dangerous substances
- the ownership of animals
- the employment of agents (vicarious liability)
What are the types of damages remedies available?
- compensation
- Nominal (no loss sustained)
- Punitive (used to punish behavior)
What are the 3 types of remedies available for torts
- Damages (main remedy)
- Injunction (common with nuisance claims)
- Extrajudicial remedies (rare)
The following are elements to what?
* offer
* acceptance
* consideration
* certainty of terms
* intention to contract
* formal requirements
Elements of a contract
What are some excuses for Non-Performance of a contract?
- misrepresentation
- mistake & frustration
- duress
- undue influence
- unconscionability
- incapacity
- illegality
When would contract remedies be available?
If a party fails to perform contract obligations OR makes representations that are untrue
