Lec 21 - Intro to Canadian Law & Tort Law Flashcards

1
Q

Legislative power of the Canadian system of governement - three parts

A

Crown (queen, GG, LG)
Senate (Upper house)
House of Commons (Lower house)

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2
Q

Branches of Government

A

Legislative, Executive, Judicial

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3
Q

Canadian court system

A

Hierarchical format (low to high)
Courts, Superior Courts, Appeal Courts, Supreme Courts

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4
Q

Common Law

A

Not necessarily written down as legislation, based upon how previous similar cases were decided upon

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5
Q

Civil Law

A

comprehensive statement of rules or civil codes

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6
Q

Tort Law

A

A civil wrong
Breach of a duty-of-care owed causing injury or loss.

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7
Q

Legal Criteria for Tort

A
  1. Duty of care
  2. Breach of duty of care
  3. Injury or loss
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7
Q

Two types of tort

A

Intentional and unintentional

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8
Q

Duty of Care

A

Obligation or responsibility to adhere to a standard of care when performing an act, especially in order to avoid causing harm

Professional level: the expectation of the reasonable level of ability of a professional

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9
Q

Unintentional Breach of Duty

A

When the standards of care are not met.
incompetence and negligence

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10
Q

Method to avoid breach

A

Demonstrate due diligence, conduct investigations and other actions of work in order to mitigate or avoid potential breaches of duty

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