Untitled Deck Flashcards
What is Civil Law?
The body of law concerned with civil or private rights and remedies, as contrasted with criminal law which deals with wrongs against society.
Reference pg. 1-2
What is a Tort?
A private or civil wrong or injury, other than breach of contract, for which the court will provide a remedy in the form of an award for damages.
Reference pg. 1-2
What is a Breach of Contract?
The failure, without legal excuse, to perform any promise which forms the whole or part of the contract.
Reference pg. 1-2
What is the Rule of Precedent?
A basic concept in common law in which current court decisions must follow those made in cases having similar circumstances.
Reference pg. 1-3
What is Statute Law?
Written law enacted by provincial or federal legislation. It amends or supersedes the common law.
Reference pg. 1-4
What are Damages?
Compensation in money for the loss or damage suffered.
Reference pg. 1-4
What are Compensatory Damages?
Damages intended to compensate the injured party for the bodily injury or property damage sustained.
Reference pg. 1-4
What are General Damages?
Damages which cannot be exactly determined in monetary terms, but reflect an amount that the court believes necessary to compensate the aggrieved party fairly.
Reference pg. 1-4
What are Special Damages?
Damages which can be measured as to amount and are often referred to as out of pocket expenses.
Reference pg. 1-4
What are Exemplary or Punitive Damages?
Damages which are intended to punish defendants for their behavior or to make an example of them.
Reference pg. 1-4
What are Nominal Damages?
Damages which may be awarded when there is no substantial loss or injury to be compensated and the court award is being sought, if for no other reason than to establish the validity of the plaintiff’s claim when a question of principle is at stake.
Reference pg. 1-4
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