Unit 3 – Civil Law (Remedies and Torts)

Question 1

Criminal vs. Civil law

Answer 1

Civil Law

• A body of law that outlines rules on settling disputes between individuals

Criminal Law

• Deals with acts that violate the criminal code

Question 2

Plaintiff vs Defendent

Answer 2

• Plaintiff is suing someone
• Defendant is being sued

Question 3

Class action lawsuits

Answer 3

• Lawsuit initiated by a group of people due to a common complaint
• Saves court resources
• Allows average citizens to challenge large, rich corporations

Question 4

Pecuniary damages

Answer 4

Monetary compensation for losses that can be counted/calculated

Question 5

Non-pecuniary damages

Answer 5

Monetary compensation for things that are not money-related and are hard to calculate

• ex. pain, suffering, mental anguish, etc.

Question 6

Aggravated damages

Answer 6

Compensation for immaterial losses like humiliation or mental distress

Question 7

Punitive damages

Answer 7

• Designed to punish the defendant
• When the defendant’s conduct has been so bad ie. “reprehensible” or “malicious”

Question 8

Special damages

Answer 8

• Compensation for out-of-pocket expenses
• Like how when you buy glasses, you buy it and then submit the receipts and info to your insurance company, and they pay you back

Question 9

Nominal damages

Answer 9

Small amount paid out just to set a precedent and acknowledge a winner

Question 10

Specific performance

Answer 10

A court mandates that the terms of the/a contract must be fulfilled

Question 11

Injunctions

Answer 11

Court ordering someone to stop doing something, or do something

• ex. stop selling fake louis vuitton bags, or force striking workers back to work

Question 12

ADR (alternative dispute resolution)

Answer 12

• Negotiation
  
  • Both parties agree to negotiate without a third-party
• Mediation
  
  • Neutral third party intervenes to help come to an agreement (cant force)
• Arbitration
  
  • Neutral third party hears both sides and makes a binding decision (forced)

Question 13

Negligence & unintentional torts

Answer 13

Injuries that are the result of an accident or an action that was not intended to cause harm

Question 14

Factors in negligent action/Test for negligence

Answer 14

Stage 1: Duty of Care

• Did the defendant owe the plaintiff a duty of care?

Stage 2: Standard of Care

• Did the defendant fail to provide the plaintiff with the proper standard of care that a
  reasonable person would have provided in a similar situation?

Stage 3: Causation

• Did the defendant’s actions (or failure to act) cause the plaintiff’s injuries?

Question 15

Negligence Defences – Contributory Negligence

Answer 15

Plaintiff contributed to injury by displaying unreasonable conduct; defendant is still partially to blame

Question 16

Negligence Defences – Voluntary assumption of risk

Answer 16

No liability exists because the plaintiff agreed to accept the risk associated with the activity

• ex. signing a waiver with informed consent

Question 17

Negligence Defences – Inevitable Accident

Answer 17

Caused by something that was fully out of the defendant’s control

Question 18

Negligence Defences – Act of God

Answer 18

Accident caused by extraordinary, unexpected natural disaster/event

Question 19

Negligence Defences – Explanation

Answer 19

Defendant took every precaution, but accident still occured for a valid reason

• ex. unexpectedly hitting a patch of black ice

Question 20

Negligence Defences – Statute of Limitations

Answer 20

Reasonable time limit that legal action must be taken within for damages

Question 21

Intentional torts

Answer 21

When someone intentionally/deliberately injures a person or interferes with a person’s property

3 Categories:

• Intentional Interference with the Person
• Intentional Interference with Property
• Defamation of Character

Question 22

Defences to trespassing

Answer 22

• Consent
  
  • You were given legal consent to be on the property
• Legal authority
  
  • You have the legal authority to be on the land (ex. police)

Question 23

What is contract law?

Answer 23

• The genre of law that deals with contractual agreements between individuals

1. Contract of sale
   
   • Ownership of property in return for payment
2. Lease and hire of services
3. Lease and hire of things
4. The mandate
   
   • When someone gives another person the power to represent them