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46 Cards in this Set
- Front
- Back
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What area of law does Criminal Law address?
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the wrongs against society
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How does criminal law deal with violators?
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A system of punishment
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What area of law does Civil Law/common law address?
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settling disputes between individuals or other legal entities in matters not involving a criminal act
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(a) What is the goal of Civil Law (or any civil action)?
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to seek compensation for the amount of the financial loss or damage suffered by the wronged party
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2 branches of Civil Law
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– Contract Law
– Tort Law |
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What is Statute Law?
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Written law, derived from bills introduced into parliament and provincial legislative assemblies to deal with specific needs.
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How does it affect Civil Law/Common Law?
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It takes priority over any existing common law dealing with the same matter.
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Define “tort”
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A wrong done to another in a breach of a duty laid down by law. Not a breach of contract.
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Identify the three elements of a tort
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– Legal Duty Owed
– Duty Breached – The plaintiff suffered damages as a proximate result of the defendant’s negligence |
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explain (with example) "Legal Duty Owed" (an element of a tort)
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Presupposes one party has the right not to be harmed unreasonably, and other party has a duty to refrain from causing harm. Non-contractual. “the defendant owed the plaintiff a legal duty.”
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explain (with example) "Duty Breached" (an element of a tort)
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must be either violation of right to be free from harm or breach of duty not to harm. “this legal duty was breached as a result of the defendant’s negligence.”
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explain (with example) "The plaintiff suffered damages as a proximate result of the defendant’s negligence" (an element of a tort)
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must be some injury/damage caused to person having right to be free from harm. (Defendant is responsible only for damages that arose directly from their actions and not intervening causes) (Ex. woman trips on ice in parking lot. Then is hit by car. Business only obligated to pay for ankle, not other.)
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(a) Define “negligence”
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Legal equivalent of carelessness: “the omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do or the doing of something which a reasonable and prudent man would not do.”
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The law generally holds innocent until proven guilty. State the three exceptions to this risk
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– Liability in Statute
– Res Ipsa Loquitur “the thing speaks for itself” – Strict Liability |
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explain "Liability in Statute"
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statues created by provincial, federal Gov. may impose strict liability. Ex. in vehicle accidents causing injury to pedestrians, defendant is guilty until proven innocent.
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explain Res Ipsa Loquitur “the thing speaks for itself”
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identifies accidents that are the result of negligence. Ex. car with cement splatters
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explain "Strict Liability"
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Certain activities create liability without regard to fault, involve situations in which harm to others would result should a mishap occur. People are strictly accountable should anyone be harmed. “Guilty until proven innocent.”
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Identify the four kinds of losses that might be insured by Liability policies
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– Bodily injury, sickness, disease, and death
– Personal injury, ex. mental anguish, shock, humiliation – Damage to property and its loss of use – Direst financial loss |
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(b) What is meant by coverage provided for 3rd party claims only?
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The coverage provided by liability policies is described as 3rd party coverage. Liability policies indemnify insured for payments to others for which insured is legally liable (3rd party: not party to agreement but who may have rights etc.)
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explain "Compensatory Damage"
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damages awarded as compensation for the amount of the 3rd party’s financial loss
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explain "Special Damages"
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Accurately measured intended to reimburse the plaintiff for out of pocket expenses (medical, hospital, and nursing fees, loss of earnings from the date of the accident to date of settlement)
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explain "General Damages"
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Cannot be qualified with precision in monetary terms/reflects an amount court believes necessary to compensate the aggrieved party fairly (pain, suffering, loss of limbs, loss of future earnings, etc.)
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(a) In common law, identify the three types of persons who may enter onto property, and give an example of each
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– Trespasser, ex. thief, vandal
– Licensee, ex. postal workers, meter readers, hunters – Invitee, ex. business customers |
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explain the legal duty owed by occupiers to trespassers
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cannot set traps or intentionally cause harm to the trespasser.
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explain the legal duty owed by occupiers to licensees
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duty to warn of any hazard introduced onto the premises: which you would not normally find on the premises and which is known to be dangerous.
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explain the legal duty owed by occupiers to invitees
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duty to protect “not only against dangers of which he knows, but also against those with which reasonable care he might discover.”
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Explain why children are not generally considered trespassers and explain the duty owed by an occupier of property to children who may enter until their property
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Children lack the mature judgement to avoid risk; they are often eager to investigate or interfere with objects which would have little or no attraction for an adult. Duty: must show that “every reasonable precaution was taken to safeguard the child from the object.”
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Some provinces have enacted a statute law called “Occupiers Liability Acts.” How has this affected the duty owed by occupiers from the duty owed under Common Law?
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(BC) Licensee and Invitee are instead “visitors” - replaces common law duty with a common duty to take all reasonable care to ensure that all visitors are reasonably safe in using the premises.
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Duty owed to others by owners of domestic animals
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A dog’s owner can be held liable for the injuries it caused even if the owner was not first aware of the vicious nature/propensities of the dog to inflict injury – “there is no first free bite and a dog’s owner is deemed legally liable from the first bite.”
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Parents are generally not responsible for the torts of their children. List four exceptions to this rule
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(a) There was a demonstrated failure on the part of the parent(s) to property supervise and control their child’s activities – leaving with no supervision or leave unattended at public event.
(b) Injury/damaged caused by dangerous thing(s)/animal(s) relinquished by parent(s to child’s control – giving them things like a gun/knife, dirt bike, fire crackers, etc. (c) Injury/damage caused by child acting on the parent’s authority – if parent asked child to cut the lawn, remove snow, paint etc. (d) Injury/damage arose of duties of employment in parent’s business, etc. |
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Generally, in Common Law, landlords are not responsible for the ensuring that a building or land rented to others is fit for the purpose for which it is rented. List two exceptions to this rule
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(a) Landlord rents furnished premises, presumed premises fit for purpose leased.
(b) If landlord contracted to maintain premises and fails after reasonable notice to do so, any injury/damage to tenant’s property is landlord’s responsibility. |
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Explain the responsibility for damages caused by each tortfeasor when losses are caused by more than one person
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Both pay all, then dispute later the percentage each pays.
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In Common Law, owners or tenants are generally not liable for the negligence of an independent contractor. List five exceptions to this rule.
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(a) The work being conducted is inherently dangerous
(b) The work creates a public nuisance (c) There is a breach of statutory obligation (d) Injury/damage arose from use of defective equipment or plant supplied by owner/tenant (e) They control the manner in which the work is to be done |
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Limits generally provided under the various covers under Section II of most Habitational forms
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– Personal Liability - $1 million
– Voluntary Medical Payment - $5000 – Voluntary Medical Payment for Damage to Property - $1000 – Voluntary Compensation for Residence Employees – as per schedule |
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Three additional persons injured under Section II that are not insured under Section I of the policy
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– Persons/organizations legally liable for damage caused by watercraft/animal owned by insured and to which insurance applies. Does not include anyone using/having custody of watercraft/animal in course of any business without owner’s permission.
– Residence employee duties in connection with ownership, use, operation of motorized vehicles, trailers for which coverage is provided. – Your legal representative having temp custody of insured premises, if you die while insured by this form, for legal liability arising out of the premises. |
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Five additional “premises insured” insured under Section II in addition to that already covered under Section I
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– Temp residence/using temp. (as long as not owner, lessee, or tenant/contract > 90 days
– principal residence in Canada (or to be) from date you acquire ownership/take possession, not beyond earliest of 30 consecutive days, date policy expires/is terminated, or date specific liability insurance is arranged – individual/family cemetery plots/burial vaults – vacant land in Canada you own/rent other than farm land – Canadian land where an independent contractor is building a 1, 2, or 3-family residence to be occupied by you |
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Six additional costs the insured will pay under “Defence, Settlement, Supplementary Payments”
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– All expenses which we incur.
– All costs charged against you in any suit insured under coverage E – Any interest accruing after judgement on that part of the judgement which is within the amount of insurance of Coverage E – Premiums for appeal bonds (in any insured lawsuit involving you) and bonds to release any property being held as security, up to the amount of insurance, but we are not obligated to apply for or provide these bonds. – Expenses you incurred for emergency medical/surgical treatment to others following an accident/occurrence insured by this form – Reasonable expenses and actual loss of income up to $100/day which you incur at our request |
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Are these amounts (the six additional costs the insured will pay under “Defence, Settlement, Supplementary Payments”) in addition to the limit of the policy?
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Yes; the limit of insurance is reserved for payment of any judgement. Amounts provided here are over and above.
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Four conditions placed upon the insured under “Defence, Settlement, Supplementary Payments”
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– Insured must cooperate with the insurer in the investigation and defence of any claim OR
– A) When an accident/occurrence takes place, must promptly give us notice (in writing if requested by us). The notice must include: 1. date, time, place, circumstances of accident/occurrence 2. names, addresses of witnesses and potential circumstance – B) You must also: 1. co-operate with us in any legal action and obtaining witnesses, info, and evidence about accident/occurrence 2. If we ask you, immediately send to us any legal documents and any other written communications you receive concerning accident/occurrence |
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what is Coverage G – Voluntary Medical Payments?
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Payment of reasonable medical expenses when insured intentionally injures another person/ if they are accidentally injured while on insured’s premises
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Four types of claims for which payment will be included
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– surgical
– dental – hospital – ambulance |
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Under Coverage G – Voluntary Payment for Damage to Property, list two situations when coverage will apply
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– Unintentionally caused and for which insured would not be legally liable
– Intentionally caused by insured 12yo or under |
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Two exclusions to Coverage G – Damage to property
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– owned rented by insured/insured’s tenant
– insured under Section I |
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Four types of payment that will be made under Coverage H – Voluntary Compensation for Residence Employees
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(a) Loss of life + funeral expenses
(b) temp total disability (c) permanent total disability (d) injury benefits (weekly indemnity) |
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(a) Two instances when an Umbrella Policy will respond
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– when there is not enough insurance under the primary policy
– there is co coverage provided |
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what is the operation of the S.I.R.?
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Self-insured retention - a Deductible that applies to all losses caused by the Umbrella Liability Policy
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