Unit 4 - Civil Law Pt. 1

Question 1

2 Main Types of Contracts

Answer 1

1. Defined by how many parties are making promises.
2. Defined by the type of communication used to form it.

Question 2

Number of Parties - Bilateral Contracts

Answer 2

• A promise is exchanged for another promise
• 2 parties agree on specific terms about what will be exchanged for, then carry out their respective obligations
  - EX. Employment Contracts

Question 3

Number of Parties - Unilateral Contracts

Answer 3

• A promise made by a single party in exchange for some kind of action by another party
• Only the person offering the payment is making an explicit promise

Question 4

Types of Communication - Oral & Written

Answer 4

• Terms can be negotiated + finalized either in writing or orally
• Handshake counts

Question 5

Types of Communication - Implied

Answer 5

• Parties mutual understanding of the terms is expressed by their actions instead of words

Question 6

Consideration

Answer 6

• Smth of value each person promises that induces them to enter the agreement
  1. Person making the promise has to benefit for making of the promise
  OR
  2. Person to whom the promise is made has to experience some detriment (ie loss/disadvantage) at the request of the promiser

Question 7

Characteristics of Negligence

Answer 7

1. Action is not intentional
2. Action is not planned
3. Some type of injury is created

Question 8

Defences to Negligence

Answer 8

• Contributing Negligence
• Voluntary Assumption of Risk
• Inevitable Accident

Question 9

Contributing Negligence

Answer 9

• Alleged victim created at least part of the harm they end up suffering
• Often used in lawsuit involving motor vehicle accidents

Question 10

Voluntary Assumption of Risk

Answer 10

• Knowingly accepting factors that may cause injury
  EX. contact sports, stunts

Question 11

Inevitable Accident

Answer 11

• “Act of God”
• Although an accident occurred, it’s not anyone’s fault

Question 12

Assault

Answer 12

• Simple threat of danger or violence
• A person may be sued if they intended to create fear in someone else
  EX. John tells Hilary that he will stab her

Question 13

Battery

Answer 13

• Intentional physical contact or harm
• A person may be sued if they directly touch someone w/out their permission
  EX. John grabs Hillary after she asks him to stop

Question 14

Defences for Trespassing

Answer 14

• Consent: Defendant had consent to physically touch someone or enter their land
• Self-Defence, Defence of Others, and/or Property: Defendant’s force was reasonable, necessary, + not excessive
• Legal Authority: Used force against ppl or entering onto their property (search warrant)
• Necessity: Emergencies (going for help) or reclaiming their belongings