Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
11 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
Civil law |
Is the body of law concerned with civil or private rights and remedies, as contrasted with criminal law which deals with wrongs against society |
Aka private law |
|
|
Tort |
A private or civil wrong or injury, other then breach of contract, for which the court will provide a remedy in the form of an action for damages |
|
|
|
Breach of contract |
Failure, without legal excuse, to perform any promise which forms the whole or part of a contract |
|
|
|
Rule of precedent |
Concept that current court decisions must follow those made in cases having similar circumstances |
Standing by previous decisions |
|
|
Statute law |
Created by federal and provincial legislation. Emerges to address the need for changes to laws which are outdated or archaic and which no longer represents the values of a changing society |
Outdated or archaic |
|
|
Damages |
compensation in money for loss or damage suffered |
|
|
|
Compensatory damages |
Intended to compensate the injured party for the bodily injury or other property damage sustained |
|
|
|
General damages |
Damages which cannot be exactly determined in monetary terms, but reflect an amount that the court believes necessary to compensate the aggrieved party fairly |
|
|
|
Special damages |
Damages which can be measured as to amount and are often referred to as out of pocket expenses |
Out of pocket expenses |
|
|
Exemplary or punitive damages |
May be awarded by plaintiff over and above compensatory damages Often involve circumstances of violence, fraud and opression |
Over and above |
|
|
Nominal Damages |
In some cases, a court award may be sought, if for no other reason than to establish a validity of the plaintiffs claim when a question of principle is at stake |
|
