Sources of Law Flashcards
What is the Constitution of Canada?
- supreme law of canada
- defines PWR of federal and provincial GOV
- contain Charter of Rights and Freedom
- can only be amended IAW the formula
Freedoms under Charter of Rights and Freedom?
Freedom of:
- association
- peaceful assembly
- thought, belief, opinion and expression
- conscience and religion
- fair trial and due process
What do Section 91 and 92 of the Constitution Act provide for?
All legistrative pwr and authorities are divided between Canada and provinces
What are statues?
Legislation enacted federally / provincially that becomes law
What statue is specific to engineers in BC and what does it do?
- The Engineers and Geoscientists Act
- The Professional Goverance Act
- Creates self-governing, professional body that is responsible for regulating admission into the engineering profession.
What act/charters enable municipalities to create legislation in BC?
- Local Gov Act
- Community Charter
- Vancouver Charter
How are regulations and bylaw different than statutes?
- Statue gives pwr upon a designated individual or body to create regulations and bylaw
- W/ proper process, regulations and bylaws will have same pwr/effect as statue
What are the three primary makers of law?
- Courts
- Legislature
- Parliament
What are the 2 types of law?
Public / Private
What is public law?
- Law that sets rules between individuals and society
- Includes: Criminal, Constitution, Admin. , Aboriginal
What is crime law
Law that deals w/ social wrongs, crimes and punishment
What is the constitutional law
- Define the relationship of GOV branches including federal and provincial
- Limit GOV PWR over individuals
What is Administrative law?
- Law that deals w/ the GOV actions and ops
- Makes sure GOV actions are authorized by legislatures
What is the Private law?
- Law that sets rules between individuals
- Includes: Property, Contract, and Tort law
What is Common law?
- Law that make judges to make decision on similar case
- Always changing
- Cover Contract/Tort Law
What is Property Law?
Law that deals w/ individuals’ ownership rights on tangible/intangible asset
What is Contract Law?
Law regarding on individuals’ ability to form and enforce agreements.
What is Tort Law?
Law that protects the indiv’s rights aginst infringement of others
What 3 main principles of Tort Law came out of the Donoghue case (Snail in ginger beer)?
- Tort of negligence: allowing ppl to recover damages due to careless action of others
- Duty of Care
- ‘Neighbor Principle’: you must not injury you neighbor
What are the types of torts?
Intentional
- Negligence
- Failure to Warn
- Nuisance
Unintentional
- Battery
- Trespass
What are the 3 essential elements of negligence?
- Defendant broke duty under standard of care
- Defendant owed duty of care: take reasonable care to not to harm your neighbor
- Defendant’s breach caused injury
What is included in duty to warn?
- Engineer must inform potential economic loss or risks to client/owner, authorities, and association
What is Joint and Several Liability?
Where two or more ppl are responsible for loss, they are joint and severally liable.
What is nuisance?
A situation that interferes a person’s use or enjoyment of property
What are the limitation periods and their lengths?
2yrs: personal injury / property damage
6yrs: other losses
15yrs: ultimate limitation period
