Law

Question 1

Breach of Contract

Answer 1

A party fails to perform its obligations,
Innocent party is entitled to remedies (does not always discharge contract),
Obligation essential to a contract is called a condition,
Nonessential obligation, or warranty, may result in damages or discharge.

Question 2

Quantum Meruit

Answer 2

Breach of Contract: As much as reasonably deserved for services requested and performed where no express agreement was made on payment. E.g., owner discharges by repudiation -> contractor seeks payment for services rendered based on quantum meruit.

Question 3

Substaintial Compliance

Answer 3

Breach of Contract: When contractor substantially complies with contract yet fails to complete some minor term they are entitled to be paid contract price minus cost of damages for minor deficiency.

Question 4

Specific Performance

Answer 4

Breach of Contract: Where damages alone will not remedy a dispute, courts may require a party to a contract to perform a specific contractual obligation (more common in land/property deals - court finds you must convey the land you agreed to sell).

Question 5

Injunction

Answer 5

Breach of Contract: Court order prohibiting a party from acting contrary to negative covenant, e.g., contract has non-compete clause but party is violating so court orders injunction.

Question 6

Fundamental Breach

Answer 6

A breach of contract that is so fundamental that it may permit the injured party to seek damages even when there are exemption clauses.

Question 7

British North American Act (1867)

and later Constition Act (1982)

Answer 7

Defines the distribution of powers;
Section 91 (Federal) : Trade/commerce, federal tax, defense, currency, banking, patents, copyrights, criminal law…
Section 92 (Provincial) : Management of Provincial lands, local works, property and civil rights, local and private matters…
Section 35 : Constitutional recognition of inherent rights/aboriginal rights, treaties and treaty rights.

Question 8

Charter of Rights & Freedoms (1982)

Answer 8

Fundamental freedoms;
Freedom on conscience and religion,
Freedom of thought, belief, opinion and expression (including free of the press and other media),
Freedom of peaceful assembly,
Freedom of association

Question 9

Ontario Human Rights Code

Answer 9

Prohibits discrimination based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender itentity, gender expression, age, marital status, family status or disability.

Question 10

Public Law

Answer 10

Deals with rights and obligations of governments in relation to individuals and private organizations, e.g. criminal law.

Question 11

Private Law

Answer 11

Deals with relations between individuals or private organizations, e.g. contracts, torts.

Question 12

Litigation

Answer 12

A lawsuit.

Question 13

Plaintiff

Answer 13

Party bringing the action (making the claim).

Question 14

Defendant

Answer 14

Party against whom the claim was made.

Question 15

Appellant

Answer 15

Party appealing a lower court decision.

Question 16

Respondant

Answer 16

Party seeking to uphold lower court decision.

Question 17

Privity of Contract

Answer 17

Describes the legal relationship between parties to a contract.

Question 18

Creditor

Answer 18

Party to whom an amount is owed.

Question 19

Deptor

Answer 19

Party that owes an amount to a creditor.

Question 20

Indemnification

Answer 20

A promise to directly compensate or reimburse another party for a loss or cost incurred.

Question 21

Sole Propietorship

Answer 21

Individual carries on business, enjoys profits but personally liable for any losses.

Question 22

Partnership

Answer 22

Association of people that run a business, share profits and losses personally,
General Partners: as stated,
Limited Partner: liability limited to the amount contributed (no involved in running the business),
Partnership Agreement: describes responsibilities, share of profit/losses, provisions for dissolving/withdrawing/expelling.”

Question 23

Corperation

Answer 23

An entity unto itself (distinct from shareholders),
Liabilities are the corporation not shareholders,
Owns its assets,
Can sue or be sued in its own name

Question 24

Professional Engineers Act of Ontario

Answer 24

A statue which defines the practice of professional engineering in Ontario. The statute covers numerous items including;
How the profession is self-regulated,
How licenses and certificates of authorization are granted,
The responsibilities of various committees,
Code of Ethics,

Question 25

Tort

Answer 25

A civil wrong or injury to an individual

Question 26

Tortfeasor

Answer 26

The person committing the wrong (tort).

Question 27

Guidence on Tort Cases

Answer 27

Precedence, tort law is based primarily on common law and is designed to provide a means for an injured party to seek redress, outside of a criminal offense.

Question 28

Intentional Tort

Answer 28

Defendant injures plaintiff with intent;
Many of which are statutory torts,
Must demonstrate defendant performed action with knowledge that it would cause injury,
The tortfeasor would be liable,
Ex. (body) assault, battery, false imprisonment, trespassing, conversion of property, libel (written), slander (spoken)

Question 29

Economic Tort

Answer 29

Fraud, conspiracy, trade restrain; generally covered under statute law.

Question 30

Nuisance Tort

Answer 30

Acts that interfere with the use and enjoyment of the plaintiff’s land..

Question 31

Negligence Tort

Answer 31

Must show all of;
Defendant owed plaintiff a duty of care,
Defendant breached duty of care by his/her conduct,
Defendant’s conduct caused injury to the plaintiff.

Question 32

Engieer’s Standard of Care

Answer 32

Has a duty to use reasonable care and skill of engineers of ordinary competence.

Question 33

Contract

Answer 33

An agreement enforceable by law must contain five elements;
An offer must be made and accepted,
Mutual intent to enter the contract,
Consideration,
Capacity of contract,
Lawful purpose.

Question 34

Acceptance of Contracts

Answer 34

Offer accepted when contract received. Postal rule: if parties agree on main communication then offer accepted when posted.

Question 35

Revoking Contracts

Answer 35

Revoked only when the offeree receives revocation regardless of communication (not when posted).

Question 36

Governing Law of Contracts

Answer 36

The law where acceptance occurs unless expressly stated otherwise.

Question 37

Mutual Intent

Answer 37

Contract must specify the agreement between parties on all essential terms,
Letter of Intent - agreements to agree are not contracts.

Question 38

Consideration (of Contracts)

Answer 38

Something of value that is promised (exchanged) by two contracting parties,
Without consideration there is no enforceable contract unless the contract is sealed (this shows promiser intended to be bound by the contract),
An agreement w/o consideration is simply a gratuitous promise,
Equitable estoppel - concept to stop the struct application of contract terms that is contrary or inconsistent with his/her action of conduct

Question 39

Common Law

Answer 39

Courts apply legal principles established on the ‘rule of precedence’ deciding new cases based on previous decisions with analogous circumstances.
All provinces except Quebec (Civil Law),
Dating to King Henry II (1154),
Judges may modify precedence as society changes,
Equity denoting fairness, justness and right dealing.

Question 40

Statute Law

Answer 40

Written and enacted by legislation (Federal/Provincial),

The Professional Engineers Act is statute law.

Question 41

Crimes

Answer 41

Undesirable acts by individuals;
Requires evidence beyond reasonable doubt,
Defendant may be acquitted or found guilty,
Ex. Criminal Negligence - reckless or wanton disregard for lives and safety of others.

Question 42

Duress

Answer 42

Contract cannot be induced through intimidation.

Ex. Physical threats, blackmail, economic duress.

Question 43

Repudiation

Answer 43

Breach of Contract: One party states that it will not fulfill obligation - discharge by repudiation.

Question 44

Capacity (of Contract)

Answer 44

To be binding and enforceable all parties must have the capacity to enter the contract;
Contract with minors is not enforceable unless it concerns something necessary (food, clothing, shelter),
Mentally impaired or intoxicated persons,
Corporations can enter into contracts but such contracts are only binding on the company if those acting on behalf of the company do so with the company’s express or implied authority