Unit 5: Case Law Flashcards
What is Private Law
Dispute involving individuals or parties, does not concern society
What is the Main Purpose of Private Law
-to compensate victims, not punish people
How do claims work in Private Law
- Only victim can take action
- claims deal with accidents, injuries to body, property, or reputation
- also divorces, child support / custody , adoption
- unpaid rent/ wages/ debts
What are Torts
- Torts are Civil Wrongs
- When a person acts in a unacceptable way towards another causing harm or injury
- Everyone has a Duty to not cause injury to others or harm their property
Types of Torts
- Intention to cause harm ( Assault, battery, or false imprisonment )
- Interfering with someone’s reputation ( printed, slander, or people speaking )
- Interfering with Property ( use or enjoyment of someone’s home, business, or possessions )
What is Negligence and What does it include
- negligence is a careless behaviour that creates unreasonable risk
- including, individuals, parents, drivers, manufacturers, and occupiers ( like store owners, who have control of a place used by others )
What can a person be found negligent for
- if he/she fails to do what a reasonable person would do in the same situation
such as cleaning snow in your driveway
What is Fault
- fault is a essential element of tort law
- meaning failure to take reasonable care or an intention to cause harm
How does the court determine who bares the fault
- if a person is injured by someone intentionally or by their negligence
- injured party or plaintiff sued party who caused the harm ( the defendant )
What does the court do if fault is found
- courts are expected to provide a remedy
- remedy comes in form of compensation called damages ( especially when including money )
What is the Purpose of Fault
- to hold people responsible for their actions
- educate the public on what’s unacceptable conduct
- can have the effect of deterrence
Types of Civil Remedies
General Damages: cannot be calculated easily or need judge discretion ( loss of income, pain and suffering, future care, loss of enjoyment)
Special Damages: to compensate out of pocket payments before trail for injuries ( after accident, may lose income, ambulance fee, drugs, therapy, rehabilitation or repair )
Punitive Damages: punishment damages for bad behaviour ( intention of deterrence )
Aggravated Damages: * awarded to plaintiff when defendant behaviour is outrageous* ( Punitive = Punishment, Aggravated = Compensation )
Nominal Damages *awarded to plaintiff ( victim ) to support them
Injunction: remedy other than money
What are Contingency Fees
system that is in all of canada other than ontario
- can’t afford to take legal action
- if lost, lawyer gets nothing
- if win, lawyer gets money based on % plaintiff gets
What is Garnishment
- remedy with 3rd party
- if lost, defendant is owed money by 3rd party
- Plaintiff forces 3rd party to pay the cost
What is Seizing Assets
- taking possession of debater property to sell to settle judgment
-sheriff holds assets
- held until judgment is settled, if not settled assets will be sold to public
