Caib 1 - Chapter 4

Front 1

Criminal Law

Back 1

Deals with wrongs against society

Front 2

Civil Law

Back 2

Settling disputes between individuals or other legal entities in matters not involving a criminal act

Front 3

Statute Law

Back 3

Written law and derived from Bills introduced into parliament and provincial legislative assemblies to deal with specific needs. They take priority over any existing common law dealing with the same matter.

Front 4

Types of Civil Law

Back 4

Contract Law

Tort

Front 5

Tort Law

Back 5

A tort is a wrong done to another in breach of a duty laid down by law. It is not a breach of contract

Front 6

3 Elements required to be present in every tort action

Back 6

Legal Duty owed

Duty breached

The plaintiff suffered damages as a proximate result of the defendant's negligence

Front 7

Classification of Torts

Back 7

Intentional Tort

Unintentional Tort (Negligence)

Front 8

Negligence

Back 8

The omission to do something which a reasonable man would do, or the doing of something which a reasonable and prudent man would not do

Front 9

Strict Liability

Back 9

Guilty until proven innocent

Front 10

Strict Liability Activities:

Back 10

Performance of a reasonable activity in a reasonable setting

Hazardous activities which are inherently dangerous regardless of care taken

Allowing the spread of intentional free

Keeping of potentially dangerous things on the premises

Keeping animals known to be dangerous

Front 11

Liability Policies

Back 11

Insure bodily Injury/Property Damage

Coverage provided for third party claims only

Payment of damage limited to those required to compensate third parties for their loss

Front 12

Damages awarded for bodily injury

Back 12

Special Damages

General Damages

Front 13

Special Damages

Back 13

Out of pocket expenses. Can be accurately measured.

Front 14

General Damages

Back 14

Cannot be quantified with precision in monetary terms but reflect an amount that the court believes necessary to compensate the aggrieved party fairly. Pain and Suffering. Shock.

Front 15

Damages Awarded for Property Damage

Back 15

The difference in the value of tangible property before and after damage.

Actual losses incurred as a result of loss of use of tangible property.

Front 16

Trespasser

Back 16

There for their own purposes without the express or implied permission of its occupier. Their presence is of no value to the occupier.

Front 17

Trespasser: Legal Duty Owed

Back 17

Cannot set traps

Cannot intentionally cause harm to the trespasser

Front 18

Licensee

Back 18

One who comes on to the premises for his own purpose but with the occupiers consent. Mutual Advantage. (Postal worker)

Front 19

Licensee: Legal Duty Owed

Back 19

Licensees must take the premises as the find them. Occupier has a duty to warn licensees of any hazard which has been introduced to the premises which they would not normally expect to find, and which is known by the occupier to be dangerous

Front 20

Invitee

Back 20

A person on land of another if: he enters by invitation express or implied; his entry is connected with the owners business; there is mutuality of benefit or benefits to the owner (business's customers)

Front 21

Invitee: Legal Duty Owed

Back 21

Not only against dangers of which he knows, but also against those which with reasonable care he might discover

Front 22

Persons Outside the Premises

Back 22

If property is used in a normal manner, occupiers are expected to maintain their buildings or land so as to avoid the escape of water/sewer or other obnoxious matter detriment of their neighbours. Dangerous things include: Water, swimming pools.

Front 23

Domestic Animals

Back 23

There is no first free bite and a dog's owner is deemed legally liable from the first bite

Front 24

Wild Animals

Back 24

Strict Liability

Front 25

Children

Back 25

Children are responsible for bodily injury or property damage unless proven by the courts they were incapable of understanding the consequences of their actions.

Front 26

Parents aren't required to pay for the torts of their children except:

Back 26

Demonstrated failure on the parents part to properly supervise and control their child's activities

Injury/damage caused by dangerous thing/animal relinquished by parent to the control of the child (gun/knife)

Injury/damage was caused by child acting on the authority of the parents

Injury/damage arose out of the duties of employment in the parents business

Front 27

Landlords of Apartments and Rented Dwellings

Back 27

Landlords are not responsible for ensuring that a building is fit for the purpose for which it is rented.

Exception: When landlord rents furnished apartment to a tenant its presumed the premises are fit for the purpose leased

Front 28

Joint Liability

Back 28

When two or more people act together so as to cause injury or damage they are jointly liable

Front 29

Independent Contractors

Back 29

Owners/Tenants are generally not liable for the negligence of an independent contractor with whom they have contracted to do work

Front 30

Independent Contractors: Exceptions

Back 30

The work being conducted is inherently dangerous

The work creates a public nuisance

There is a breach of statutory obligation

The injury/damage arose out of the use of defective equipment or plant supplied by the owner/tenant

They control the manner in which work is being done

Front 31

Personal Liability Coverages

Back 31

Coverage E- Personal Liability

Coverage F- Voluntary Medical Payments

Coverage G- Voluntary Payment for Damage to Property

Coverage H- Voluntary Compensation for Residence Employees

Front 32

Persons Insured:

Back 32

Any person or organization legally liable for damages caused by a watercraft or animal owned by the insured and to which this insurance applies

A residence employee while performing duties in connection with the ownership use or operation of motorized vehicles and trailers for which coverage is provided in this form

Legal representative

Any person who is insured by this form at the time of your death and who continues residing on the insureds premises

Front 33

Premises Insured

Back 33

Premises where you are residing temporarily, as long as you are not the owner of the premises; lessee or tenant longer than 90 consecutive days

Premises in Canada to be occupied by you as your principal residence

Individual or family cemetery plots

Vacant land in Canada you own or rent other than farm land

Land in Canada where an independent contractor is building a one/two/three family residence occupied by you

Front 34

Coverage E

Back 34

Personal Liability. Coverage designed to insure the legal liability of insureds in their role as private citizens while anywhere in the world.

Bodily Injury to you or any other person residing in your household other than residence employees

Front 35

Coverage E Personal Liability: Exclusions

Back 35

Damage to property used/occupied/leased/rented by or in the care, custody or control of an insured. Does not apply to unintentional property damage to premises owned by others including: fire, explosion, water damage, smoke- excluding smoke from a fireplace.

Front 36

Defense, Settlement, Supplementary Payments

Back 36

The amounts provided by this additional insuring agreement are over and above the limit.

All expenses which we incur; all costs charged against you in any suit insured under Coverage E; any judgement accruing after judgement on that part; premiums for appeal bonds required in insured lawsuit

Front 37

Obligations of Insureds when Accident or Occurrence

Back 37

You must promptly give us notice which includes: date, time, circumstances; names and addresses of witnesses and potential claimants

Front 38

Prompt notification requirement:

Back 38

Gives the insurer the opportunity to collect all facts concerning the accident while they are fresh in the insureds mind; an inspection of the accident site may reveal facts which might remove or reduce the responsibility for the loss from the insured; it is also important that the insurer be allowed to interview witnesses as soon as possible to ensure that important details are not forgotten

Front 39

Unauthorized Settlements:

Back 39

You shall not, except at your own cost, make voluntary payments, assume any obligation or incur expenses other than first aid expenses necessary at the time of accident.

Front 40

Coverage F

Back 40

Voluntary Medical Payments. Insurer agrees to voluntarily make payments on insureds behalf. No requirement for insured to be legally liable before a payment is made

Front 41

Coverage G

Back 41

Voluntary Payment for Damage to Property. Which was unintentionally caused and the insured would not be legally liable; intentionally caused by an insured 12 yrs or younger

Front 42

Coverage H

Back 42

Voluntary Compensation for Residence Employees. Provides coverage for injury/death for residence employees, only if insured is not at fault.

Front 43

Watercraft and Motorized Vehicles You Own

Back 43

Watercraft including attachments equipped with an outboard motor of not more than 12 kW (16 H.P)

Watercraft including attachments equipped with any other motor of not more than 38 kW (50 H.P)

Non-Motorized watercraft including attachments not more than 8 metres (26 ft) in length

Self propelled lawn mowers, snowblowers, garden-type tractors of not more than 19 kW (25HP)

Motorized golf carts while in use on a golf course

Motorized wheelchairs

Front 44

Newly Acquired Watercraft

Back 44

Watercraft which exceed special limitations are required to have additional insurance purchased. Newly acquired watercraft are covered under the policy for up to 30 days from purchase date to avoid gap in coverage.

Front 45

Watercraft and Motorized Vehicles You Do Not Own

Back 45

Any type of watercraft

Self propelled land vehicle, amphibious and air cushion vehicle.

*No coverage if vehicles are subject to registration

Front 46

Watercraft and Motorized Vehicles We Do Not Insure

Back 46

Used for carrying passengers for compensation

Used for business purposes

Used in any race or speed test

Front 47

Business and Business Property: Exceptions

Back 47

Personal actions during the course of your trade, profession or occupation which are not related to your trade, profession or occupation

Occasional rental to others of the portion of the dwelling usually occupied by you as a private residence

Rental to others of portions of your two or three family dwelling

Rental of space in your residence to others for incidental office/school or studio occupancy

Rental to others of not more than 3 car spaces or stalls in garages or stables

Temp or part time business pursuits of an insured person under the age of 21

Front 48

When there is a claim the Personal Umbrella Liability Policy will only pay when:

Back 48

There is not enough insurance under the primary policy (primary policy pays first)

There is no coverage under the primary policy

Front 49

Self Insured Retention

Back 49

Applies to all losses under the liability policy which are not covered under the primary policy. Functions as a deductible.