Unit 3 (Contract Law, Family Law, and Tort Law)

Question 1

Duty of Care

Answer 1

The legal obligation to foresee and avoid actions that may cause harm to others

Question 2

Standard of Care

Answer 2

The court must decide how the defendant is owed. They decide this by asking “What would a reasonable person do?” A reasonable person is of normal intelligence, however, some jobs are held to a higher standard of care (eg. doctor)

Question 3

Causation

Answer 3

Causation: The plaintiff must prove that there is a direct connection between the defendant’s actions and the harm caused.

Question 4

Criteria for a Successful Tort Case

Answer 4

1) Duty of Care
2) Standard of Care
3) Causation

Question 5

Voluntary Assumption of Risk

Answer 5

Must prove that the plaintiff clearly knew the risks of their actions and chose to accept those risks voluntarily

Question 6

Contributory Negligence

Answer 6

In some cases, the plaintiff contributed to their injuries.

Question 7

Inevitable Accident

Answer 7

The defendant had no control over what happened and could not have prevented it.

Question 8

Tort Law Defences

Answer 8

1) Voluntary Assumption of Risk
2) Contributory Negligence
3) Inevitable Accident

Question 9

Spousal Support

Answer 9

Payment from one spouse to another after a divorce. The spouse with the lower annual income is eligible for spousal support. The amount of spousal support will be determined by the difference in assets. If you don’t pay spousal support, you will be fined, and spousal support is indefinite.

Question 10

Child Support

Answer 10

Paid for by the spouse with less custody than the other. If you do not pay child support, your passport/licence will be cancelled until you pay the monthly payment. The amount of child support owed is determined by a formula which is different depending on what province you are in.

Question 11

Annulment

Answer 11

This is when it is found that the marriage did not fit the legal requirements for marriage and it is declared null and void.

Question 12

Divorce

Answer 12

When a couple decides to legally terminate their marriage.

Question 13

Marriage

Answer 13

When a couple decides to legally bind their assets as one and live together.

Question 14

Difference between a Common-law Marriage and a Legal Marriage

Answer 14

Common Law Marriage -Lived together in a romantic relationship for 6 months

Legal Marriage -Have signed a document. When couples split up they are subject to the same division of assets rules.

Question 15

Splitting of Assets

Answer 15

+ Assets at Separation

• Debts at Separation
• Excluded/exempt property—Matrimonial home, inheritance, gifts/windfalls