4. Law: Common & Private Carriers, Employer & Agent, Employer & Employee | Law of Obligations Flashcards

1
Q

A common carrier is defined as?

A

a person who:

  1. transports people or commodities for hire & reward
  2. offers their services to anyone who chooses to pay a fee for their services
  3. who’s service involves multiple deliveries for multiple customers
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2
Q

A private carrier is defined as?

A

a person who:

  1. transports people or commodities occasionally or in a specific situation
  2. does not make it their full time vocation
  3. does not offer themselves to anyone within in public
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3
Q

An employer’s agent is?

A

a person acting on behalf of the employer, as a contract administrator to gain new clients

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4
Q

An employer has what power over its employees?

A

how an employee carries out their duties

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5
Q

An employer is generally liable for?

A
  1. an employees actions

2. any harm or damage that may be caused by the employee during working hours

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6
Q

The 3 main pillars of the “Law of Obligations” are?

A
  1. Tort
  2. Contracts
  3. Unjust Enrichment
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7
Q

What is a tort

A

a wrongful act committed by one individual against another individual

intentional or unintentional

resulting in loss, damages or injury

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8
Q

Examples of a tort where a person has suffered loss, damages or injury are

A

Assault / Battery / Fraud / Negligence / Nuisance / Slander / Trespass

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9
Q

What type of law does a tort go under

A

they are under civil civil not under criminal law

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10
Q

What do torts specifically exclude

A

contract infringement’s

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11
Q

Unjust enrichment occurs when?

A

one person is enriched at the expense of another in a way that the law deems as unfair and unjust

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12
Q

What does the law say the recipient of unfair enrichment do?

A

they must make restitution (compensation for loss, damage or injury) to the victim

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