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10 Cards in this Set
- Front
- Back
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3 WAYS IN WHICH THE LAW IMPOSES LIABILITY |
Liability refers to RESPONSIBILITY 1. NEGLIGENCE 2. NUISANCE 3. BREACH OF CONTRACT
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Describe the 2 Systems of law in Canada |
CRIMINAL/STATUTE - an act against Society, prohibited by statute (Criminal Code), Statute, Federal, Provincial, guilt is determined by the Court, punishment is assessed (fine/imprisonment), beyond a reasonable doubt COMMON /CIVIL - between individuals or legal entities, liability determined by the Courts, Federal, Provincial, fault is determined, reasonable assessment, penalties are assessed - compensation for injuried parties, uses precedent - setting case laws to form general principles |
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2 Systems of Civil Law |
CIVIL CODE OF QUEBEC - Articles 2463-2479=PROP/LIAB INS. Articles 1457-1481 = Civil Litigation originated in France and then lower Canada 1865, complete overhaul in January 1994, combines case, civil and statute law, covers all areas of civil law, courts role is to interpret the law, decisions based on specific or general facts of each case as prescribed in the code, disputes settled as set out in the code, Civil Law = birth/death/marriage certificates, life insurance, wills, estates COMMON Law - originated in England, combines case and statute law, precedent setting cases is the process of developing sound and fair legal principles, Statute law supersedes case law, courts are bound to follow the law, decisions of higher courts supersede decisions of the lower Courts |
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Liability |
LIABILITY = Responsibility, it refers to responsibility assesed against a person for injury or damage to a third party Liability Can arise from *Ownership *Control Over *Operation, causing damage or injury
- Liability is the responsibility that you have to others in society not to act in a way as to cause injury or damage - Has to compensable - imposed according to the law of the land - liability represnts money owed or a debt If you are not legally obligated to pay a third party, OR if there is no liability imposed through a law, then an insurance policy will not generally respond and make any payment. |
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STATUTE LAW |
A Law set down in government and passed by legislation Each jurisdiction sets standards that modify the rules to accommodate their needs.. "ACT" OR legislated - Highway Traffic Act - Insurance Act - Occupiers liability Act. - Landlord Tenants Act - Environment Protection Act - workers compensation Act |
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NEGLIGENCE |
TORT - * Legal Wrong * most common FAILURE TO USE THE DEGREE OF CARE EXPECTED FROM A REASONABLE AND PRUDENT PERSON - failure to act or do something - doing something that a reasonable or careful person would not do - an intentional act, a negligent act or a failure to act - a person should use common sense to Avoid doing anything that could foreseeably cause damage or injury to others |
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NUISANCE - 2 Types |
TORT - * ANNOYING * A WRONG THAT ARISES OUT OF UNREASONABLE, UNWARRANTED, OR UNLAWFUL USE BY A PERSON OF HIS OWN PROPERTY OR PERSONAL CONDUCT CAUSING AN ANNOYANCE, INCONVENIENCE, DISCOMFORT OR HARM TO OTHERS THAT THE LAW WOULD PRESUME A CONSEQUENTIAL DAMAGE - PRIVATE - civil wrong, unlawful interference of a person's enjoyment and use of his or her land. PUBLIC - general public, criminal, an action or thing that interferes with the general public as a class.. Large groups of people or area - has to be substantial and unreasonable interference - Judge can impose injunction to stop - Judge can impose injunctive relief or change to a property to mitigate or compensate
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BREACH OF CONTRACT |
- not covered by cgl policy - Statute L - Fails to observe obligations - legal causes of Action - duty owed to people generally rather than a specified individual - has to be an important and fundamental part of the contract - hold harmless agreements - where one party assumes the liability and risk of another party and indemnifies the other party from having to bear the loss - contractual liability - liability assumed through a contract, either written or implied - can be added to CGL policy via endorsement |
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COURTS / Jurisdictions |
FEDERAL - Supreme Court of Canada is the highest authority, mut be of national importance, Appeal or Trial, Criminal Code, immigration, currency, postal, taxes PROVINCIAL - Appeal - final recourse, superior Court for large cases, distrct/county or. Divisional. Court for intermediate cases and small claims court below a certain amount, some jurisdictions can appeal. Driving education, insurance, property rights, licensing, highways/ speed MUNICIPAL - building codes, parking, speed zones, zoning, trade and business - no specified court. |
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HIERARCHY APPLIED TO THE LAW OF PRECEDENT |
- Statute law comes into effect when Parliament and provincial / territorial legislation pass laws into written forms - Statute law is derived from legal principles and criteria are developed by common law - statute law is response to rapidly changing society : supersedes case law when in conflict with the other if the statute covers the point in dispute. - under common law, courts look at previous cases for guidance on how to resolve current issues. - research is conducted by lawyers and judges to determine which previous cases are similar in circumstances, when past cases direct the outcome of cases that follow, they set precedence. |
