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27 Cards in this Set
- Front
- Back
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CIVIL LAW |
Civil law is concerned with civil or private rights & remedies, as contrast with criminal law dealing with wrongs against society. |
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TORT |
TORT is a PRIVATE Or CIVIL WRONG OR INJURY, OTHER THAN A BREACH OF CONTRACT. Court will provide a REMEDY in the form of an award for damages. |
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BREACH OF CONTRACT
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Is the FAILURE WITHOUT LEGAL EXCUSE TO PERFORM any promise which foms whole or part of the contract |
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RULE OF PRECEDENT |
Is the basic concept of common law in which court DECISIONS MUST FOLLOW those made in cases having SIMILAR CIRCUMSTANCES |
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STATUTE LAW |
Is a Written Law by prov/fed Legislation. It amends or supercedes the common law. |
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DAMAGES |
Damages are COMPENSATION IN MONEY for loss or damages suffered. |
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COMPENSATORY DAMAGES |
Damages to COMPENSATE THE INJURED PARTY for bodily or property damage sustained. |
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GENERAL DAMAGES |
GENERAL DAMAGES CANNOT BE EXACTLY DETERMINED in monetary terms, but reflect the court BELIEVE NECESSARY TO COMPENSATE the party fairly. |
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SPECIAL DAMAGES |
Special damages MEASURED as to the amount & are often referred to as OUT OF POCKET EXPENSES. |
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Exemplary or punitive damages |
Punitive damages are intended to PUNISH defendants for their behavior or to make an example of them |
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Nominal damages |
Nominal damages are awarded when there is no substantial loss or injury if for no other reason to establish the validity of the plaintiffs claim when a question of principle is at stake |
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Doctrine of negligence |
Is based on the duty of all persons to exercise due care in their conduct towards others which may result in an injury |
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Negligence |
Negligence is the failure to do something where a reasonable man Guided by ordinary considerations would do or the doing of something a prudent man would not do |
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Strict liability |
Strict liability Doctrine is based on the assumption that certain activities are so hazardous that, in the event of an injury or damage arising out of them the person conducting the activity shall be presumed to be legally liable |
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Occupier |
An occupier is a person who has immediate supervision and control of the premises and power to admit and exclude the entry of others |
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Nuisance |
nuisances is everything that endangers life or health, gives offense to violates the laws of decency or obstruct reasonable and comfortable use of the property |
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Trespass |
Trespass is an unlawful interference with one's person, property or rights. |
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What are three conditions required before negligence can be proven |
1 the defendent owed the plaintiff a legal duty of care 2 the duty was breached as a result of defendant's negligence 3 plaintiff suffered damages as a result of the defendant's negligence |
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List three examples of operations that may impose strict liability |
1 using explosives 2 lighting fires 3 operating aircraft |
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In common law independent contractors are responsible for their own torts for occupiers to avoid torts of independent contractors what must occupiers prove? |
1) show that reasonable care was used When selecting independent contractors 2) work that was requested to be completed was reasonable work |
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What are three circumstances where occupiers may be held responsible for negligence of the independent contractors |
1 when work being performed by independent contractors was inherently dangerous
2 loss is caused by defective equipment machinery or supplies provided by occupier
3 when occupier controls independent contractors performance of work
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Three activities that would constitute a nuisance |
1 allowing smoke Vapors fumes and odors to escape premises 2 causing noise or vibrations which annoy neighbours. 3 polluting land or waters of others |
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What are two activities which could constitute the tort of trespass |
1) building structures which encroach on another's land 2) disposing of garbage and other waste products on another's land |
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What are three duties owed by manufacturers to users of their products |
1) manufacturers are responsible for safe design 2) manufacturers must give proper warnings of dangers when using products 3) manufacturers must provide instructions when required |
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What are two duties of sellers |
1) sellers are expected to be experts in the products they sell 2) sellers are expected to tell the truth about their products |
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What is the common law respecting employers liability for torts of their staff |
Employers are responsible for torts of employees commitment while doing their normal actions and their jobs |
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When will employers not be held responsible for the torts of their staff |
1) when employee delegate their work to someone else without employers permission 2) when employees frolic 3) when employees use employer's property without permission |
