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Flashcards in Lecture 1 Deck (14)
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1

What is the difference between a guarantee and a warranty?

Warranty - You have limited your legal rights
Guarantee - You have not limited your legal rights

2

What are the characteristics of a warranty?

1. Only protects the dealer/seller of the object under warranty. When you buy the object and sign the warranty card you sign away your legal obligation to take the object back to the place of purchase for a full refund or replacement.
2. Warranty gives protection to the seller against the consumer. With a warranty you enter a contract (Does not allow you to return and get the money back)
3. Sale of good act > law says where you have not contracted yourself out there is a guarantee (implied) so you can get your money back.

3

Characteristics of a guarantee

This is a legal right to take back the object to the place of purchase and get the money or the product exchanged.

4

What is the consumer protection act?

Protects you from unfair acts when buying a product or service from an individual or business

5

what are the 3 parts for every case? (Exam question)

1. Facts
2. Decision
3. Reason for the decision (Ratio Decidendi)

6

What is law?

- A set of rules and regulations made by the people for the people to help govern the way of life and the lifestyle of society
- Law has the ability to change as the lifestyles of the people it governs. It regulates change. Laws also change toa ccomodate the popel who make and regulation the law

7

Where does law come from?

-Law comes from religion, philosophy, customs, and government (skeletons of the law)
-Law in the comes from the statue (Government law, act, code, legislation bylaw)
-And common law ( judge made law, precedent, previous court decisions)

8

What is jurisprudence?

The theory or philosophy of law

9

Up until 1969 what did the divorce act consist of for grounds for divorce?

1. Adultery
2. Sodomy or Beastiality
3. Rape or homosexual act

10

What are some changes to the divorce act?

Physical/mental cruelty towards one another without consent was added

11

What are the grounds for divorce in present times?

1. Seperated intentionally for at least one year.
2. Physical/mental cruelty
3. Adultery

12

What kinds of cases make up civil law?

1. Plaintiff vs. Defendant
Plaintiff (Respondent)
Defendant (Appellant)

13

What kinds of cases make up criminal law?

1. Crown vs accused
2. Crown (Appellant)
3. Accused (Respondent)
4. Vice-Versa

14

What is every principle of the law?

1. Everyone is persumed to know the law
2. Ignorance of the law is no excuse