Chapter 1

Question 1

As society evolved, two separate systems of law emerged. What are they? Explain them

Answer 1

1. Criminal law: considered harmful to the state. The state has a duty to prosecute and punish those who commit crimes, may be subject to fines, penalties, or imprisonment
2. Civil law: (private law) concerned with private rights and remedies, victims have the right to commence proceedings.

Question 2

Identify two kinds of wrongs falling within tort law

Answer 2

Intentional torts: intentional wrongs including assault, conversion of goods, and deceit
Unintentional torts: negligent conduct including defamation, wrongful arrest, nuisance

Question 3

Identify the two main bodies of law relating to both criminal and civil matters.

Answer 3

Common law: the main body of law within the Canadian legal system
Statue Law: written law created by federal and provincial legislations

Question 4

Outline underlying principles that govern common law.

Answer 4

Current court decisions must follow those made in cases with similar circumstances (subject to change by new precedents)

Question 5

Outline the underlying principles that govern Statue Law

Answer 5

Statue laws emerge to address the need for changes to laws that are outdated in a changing society

Question 6

Out of the different kinds of tort damages awarded by courts, which are most important to ensure that victims are able to withstand the financial consequences of their losses?

Answer 6

Compensatory damages

Question 7

What is the purpose of awarding compensatory damages?

Answer 7

To compensate the injured party for bodily injury or property damage

Question 8

Define Breach of contract

Answer 8

Failure, without legal excuse, to preform any promise that forms all or part of a contract

Question 9

Define civil law

Answer 9

The body of law concerned with civil or private rights and remedies, a wrong to society

Question 10

Define compensatory damages

Answer 10

Intended to compensate the injured party for the bodily injury or property damage sustained

Question 11

Define damages

Answer 11

An amount of money awarded to the person injured by another’s tort

Question 12

Exemplary or punitive damages

Answer 12

Meant to punish the party that caused an infringement of other party’s legal rights (payment made to plaintiff above compensatory)

Question 13

Define general damages

Answer 13

Damages that cannot be quantified with precision in monetary terms, but reflect an amount that the court believes necessary to compensate the aggrieved party fairly

Question 14

Nominal damages

Answer 14

A minimal amount awarded when there is no substantial loss or injury, but recognized the plaintiff had an invasion of rights

Question 15

What is the rule of precedent

Answer 15

Current court decisions must follow those made in cases with similar circumstances

Question 16

Define special damages

Answer 16

Damages awarded for out of pocket expenses the party has suffered as a result of infringement of their rights (medical bills)

Question 17

What is Statue law

Answer 17

The written law, created by federal and provincial legislators. Supersedes or amends common law

Question 18

Tort

Answer 18

A legal wrong, other than a breach of contract, for which the court will provide remedy in the form of suit for damages

Question 19

Identify three conditions that must be present to prove negligence

Answer 19

1. The defendant owed the plaintiff a duty of care
2. The duty was breached as a result of negligence
3. The plaintiff suffered damages as a result of negligence

Question 20

What factor is critical for determining whether someone is an occupier?

Answer 20

The supervision or control of the premises. Anyone who controls land, building, or movable structures is deemed to be an occupier

Question 21

Discuss the duty owed by the occupiers liability act.

Answer 21

If the occupier fails to act reasonably, the can be liable on the tort of negligence. The duty is not owed to vistitors who willingly accept the risk (roofer hired to repair a roof)

Question 22

The principal is not liable for the negligence of an independent contractor if it came be shown:

Answer 22

1. Reasonable care was exercised in selecting the contractor
2. It was reasonable to undertake the work the contractor was hired to do

Question 23

Under what circumstances will the principle share liability arising out of the negligence of an independent contractor?

Answer 23

1. When the work contracted in dangerous
2. When injury/damage results from the contractors use of defective fixtures, machinery, or equipment supplied by the principal
3. When the principal controls the manner in which the work is done

Question 24

What must landlords do to avoid liability for injuries

Answer 24

1. Notify tenants of danger
2. To do repairs
3. To upkeep common areas

Question 25

What conditions must be present for a products liability suit to be successful?

Answer 25

1. Injury or damage must occur away from the premises of the seller 2. The seller clearly relinquished possession of the defective product

Question 26

List three duties of manufacturers to consumers.

Answer 26

1. Ensure safe design and manufacture 2. Give proper warning of dangers 3. Provide instructions

Question 27

List two duties of sellers to consumers.

Answer 27

1. Goods are reasonably fit for the purpose for which they are sold 2. Ensure goods are of merchantable quality

Question 28

Explain when an operation is considered to be complete

Answer 28

1. Claim occurred away from the premises of the person doing the work 2. Such work has been completed or abandoned

Question 29

Provide two examples of contingent liability exposures

Answer 29

1. When work is done by persons who are not employees 2. When employees work in another province for longer periods than permitted by the WCB plan

Question 30

Doctrine of negligence

Answer 30

Based on the duty of all persons to exercise due care in their conduct towards others from which injury may result.

Question 31

Define negligence

Answer 31

Failure to use that degree of care that an ordinary person of reasonable prudence would use under given circumstances

Question 32

Define nuisance

Answer 32

That which endangers life or health, gives offence to senses, violates the laws of decency or obstructs reasonable and comfortable use of property

Question 33

Define Occupier

Answer 33

A person who has use, Possession, or control of a thing

Question 34

Define strict liability

Answer 34

A person is presumed to be guilty of an offence and without the requirement on the plaintiff to prove negligence

Question 35

Define trespass

Answer 35

Unlawful interference with one’s person, property or rights