Unit 3 – Civil Law (Remedies and Torts) Flashcards
Criminal vs. Civil law
Civil Law
- A body of law that outlines rules on settling disputes between individuals
Criminal Law
- Deals with acts that violate the criminal code
Plaintiff vs Defendent
- Plaintiff is suing someone
- Defendant is being sued
Class action lawsuits
- Lawsuit initiated by a group of people due to a common complaint
- Saves court resources
- Allows average citizens to challenge large, rich corporations
Pecuniary damages
Monetary compensation for losses that can be counted/calculated
Non-pecuniary damages
Monetary compensation for things that are not money-related and are hard to calculate
- ex. pain, suffering, mental anguish, etc.
Aggravated damages
Compensation for immaterial losses like humiliation or mental distress
Punitive damages
- Designed to punish the defendant
- When the defendant’s conduct has been so bad ie. “reprehensible” or “malicious”
Special damages
- 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
Nominal damages
Small amount paid out just to set a precedent and acknowledge a winner
Specific performance
A court mandates that the terms of the/a contract must be fulfilled
Injunctions
Court ordering someone to stop doing something, or do something
- ex. stop selling fake louis vuitton bags, or force striking workers back to work
ADR (alternative dispute resolution)
- 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)
Negligence & unintentional torts
Injuries that are the result of an accident or an action that was not intended to cause harm
Factors in negligent action/Test for negligence
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?
Negligence Defences – Contributory Negligence
Plaintiff contributed to injury by displaying unreasonable conduct; defendant is still partially to blame
Negligence Defences – Voluntary assumption of risk
No liability exists because the plaintiff agreed to accept the risk associated with the activity
- ex. signing a waiver with informed consent
Negligence Defences – Inevitable Accident
Caused by something that was fully out of the defendant’s control
Negligence Defences – Act of God
Accident caused by extraordinary, unexpected natural disaster/event
Negligence Defences – Explanation
Defendant took every precaution, but accident still occured for a valid reason
- ex. unexpectedly hitting a patch of black ice
Negligence Defences – Statute of Limitations
Reasonable time limit that legal action must be taken within for damages
Intentional torts
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
Defences to trespassing
- 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)
What is contract law?
- The genre of law that deals with contractual agreements between individuals
- Contract of sale
- Ownership of property in return for payment
- Lease and hire of services
- Lease and hire of things
- The mandate
- When someone gives another person the power to represent them
