Study 2 Critical Thinking Questions Flashcards
What are the TWO (2) considerations for the courts in settling disputes?
Civil law is concerned with settling disputes: Courts decide whether (1) to rule in favour of the plaintiff and (2) assess compensation.
What is the significance for insurers of the doctrine of contra proferentem?
The legal doctrine of contra proferentem provides that, because insurers write the actual contract of insurance, any ambiguity in its terms must also favour the policyholder.
Failure of insurers to ensure clarity in the wording may expose them to covering losses that may be unintended. As a result, insurers must be cautious when crafting the wording to ensure their intent is clear
What influences are reflected in the Civil Code of Québec?
The Civil Code of Québec is used exclusively in Quebec. Its predecessor, the Civil Code of Lower Canada, was based in part on France’s Napoleonic Code, which influenced the civil law in many parts of Europe and was itself based in part on the Code of Justinian, the sixth-century Byzantine emperor. Expectations for behaviour outlined in the Civil Code and Quebec’s Charter of Human Rights and Freedoms are the basis for courts to formulate their opinions. While a court may consider the outcome of prior legal cases, it is not obliged to
