Private Law: Torts & Contracts

Question 1

What is the difference between private and public law?

Answer 1

Private law governs the relationships between persons.
Public law governs the relationship between persons and the state.

Question 2

Private law is under the jurisdiction of…

Answer 2

Provincial and territorial legislatures

Question 3

What area of private law does Parliament have a more significant role?

Answer 3

• intellectual property
• family law - marriage and divorce

Question 4

What does tort law deal with?

Answer 4

a type of civil wrong committed by one person against another, and the remedies available

Question 5

What are the 4 categories of tort law?

Answer 5

• Intentional torts
• Negligence
• Strict liability
• Misc torts/unique liability principles

Question 6

What are the most serious types of torts?

Answer 6

Intentional torts

Question 7

What are 2 categories of intentional torts?

Answer 7

• intentional interference with persons or property
• intentional interference with other interests

Question 8

What are types of the intentional tort “trespass to person”?

Answer 8

• assault
• battery
• false imprisonment

Question 9

What are the types of trespass to property?

Answer 9

• trespass to land
• trespass to chattels

Question 10

What are the intentional interference with other interests torts?

Answer 10

• deceit
• passing off
• inducing breach of contract
• intimidation
• abuse of power

Question 11

What are some defenses to intentional torts?

Answer 11

• consent
• self-defence
• legal authority (permission by statute)

Question 12

What are the two types of negligence torts?

Answer 12

Misfeasance & Nonmisfeasance

Question 13

What are the 5 elements needed for a negligence claim?

Answer 13

1. duty of care
2. standard of care & breach
3. factual causation
4. legal causation
5. damages

Question 14

What are some defences to negligence?

Answer 14

• contributory negligence
• consent
• illegality

Question 15

What is strict liability?

Answer 15

When the tortfeasor was not negligent but still held liable

Question 16

What cases are most often seen with strict liability?

Answer 16

• the use of dangerous substances
• the ownership of animals
• the employment of agents (vicarious liability)

Question 17

What are the types of damages remedies available?

Answer 17

• compensation
• Nominal (no loss sustained)
• Punitive (used to punish behavior)

Question 18

What are the 3 types of remedies available for torts

Answer 18

• Damages (main remedy)
• Injunction (common with nuisance claims)
• Extrajudicial remedies (rare)

Question 19

The following are elements to what?
* offer
* acceptance
* consideration
* certainty of terms
* intention to contract
* formal requirements

Answer 19

Elements of a contract

Question 20

What are some excuses for Non-Performance of a contract?

Answer 20

• misrepresentation
• mistake & frustration
• duress
• undue influence
• unconscionability
• incapacity
• illegality

Question 21

When would contract remedies be available?

Answer 21

If a party fails to perform contract obligations OR makes representations that are untrue