Civil Law

Question 0

Where is civil court handled

Answer 0

Superior court

Question 1

What is the purpose of civil court

Answer 1

To resolve legal disputes between parties

Question 2

Name the three court sashes

Answer 2

Green of left shoulder - Justice
Red on left shoulder - provincial
Orange/red on right shoulder - superior court of Ontario

Question 3

What are the two parts of civil law?

Answer 3

Torts and contracts

Question 4

What are the two types of law

Answer 4

Public law - criminal or constitutional

Private law - tort or contract

Question 5

What is a tort?

Answer 5

A civil wrong other than a breach of contract which causes harm to another person or property

Question 6

What is liability

Answer 6

If a defendant is found to be responsible for injury to property or another person

Question 7

What is compensation

Answer 7

A civil lawsuit in which the defendant must give compensation for wrong doing

Question 8

Explain crime and tort

Answer 8

Criminal would be theft

Tort would be conversion which is depriving someone of something

Question 9

Explain intentional torts

Answer 9

When a person knowingly and deliberately causes harm to another person

Question 10

What is assault in civil law

Answer 10

Assault is the threat, it’s the intentional threat of violence or injury to another person

Question 11

What is battery in civil law

Answer 11

Battery is the act when someone unlawfully and intentionally applies force to another person

Question 12

What are some defences of intention torts ?

Answer 12

Self defence, force not excessive, and consent (sports)

Question 13

What is the Godzilla of torts?

Answer 13

Negligence

Question 14

What is negligence

Answer 14

When someone carelessly or inadvertently causes harm to another person

Question 15

What is the test for negligence ?

Answer 15

Duty of care
Breach of standard care
Causation
Damages

Question 16

Explain duty of care

Answer 16

It is a balancing act between rights and responsibilities

Question 17

Explain breach of standard care

Answer 17

Reasonable persons test, how would a reasonable person under the same circumstances behave?

Question 18

Explain causation

Answer 18

If not for the defendant would the plaintiffs injuries occurred

Question 19

Explain damages

Answer 19

What was the position of the person before

If plaintiff is successful they receive award

Question 20

What are the types of damages

Answer 20

Special
General
Punitive (send a message)
Nominal (not bad)

Question 21

What pays the court costs in civil

Answer 21

Loser

Question 22

What is a contract

Answer 22

A promise to do something, in exchange for something

Question 23

What are the five things a contract needs to exist

Answer 23

Offer made and accepted 
Mutual intent to enter
Consideration given (usually money)
Capacity to contract 
For a lawful purpose

Question 24

Explain offer and acceptance

Answer 24

Made by an offeror to an offeree

Question 25

Explain consideration

Answer 25

The exchange of something valuable

Question 26

Explain capacity

Answer 26

Must have lawful capacity to enter, for example minors, drunks and lunatics, must have a sane mind

Question 27

Explain breaches

Answer 27

Express repudiation: a declaration by one of the contracting parties that has no intention to perform as promised

Question 28

What are the two types of breaches?

Answer 28

Anticipatory breaches and wilful or negligent act

Question 29

What is an anticipatory breach

Answer 29

A breach occurring in advance of the time agreed on for the performance of the contract

Question 30

Explain a wilful or negligent act

Answer 30

The promisor rendering performance of the contract impossible

Question 31

What are the remedies for breach of contract ?

Answer 31

Suit for damages = $$ Equitable remedies = specific performance (court ordered), injunction (restraining order) and rescission (hitting reset) Quantum Meruit = determining fair value for what was completed before

Question 32

Explain legal capacity

Answer 32

The ability to enter into an enforceable contract, based on the absence of factors that might impair capacity

Question 33

Explain exclusion clause

Answer 33

A part of a contract that limits the contractual or statutory liability of a party in the event of a breach of contract