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41 Cards in this Set

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Law

All the rules of conduct established and enforced by the authority, Legislation, or custom of a given community

5 Sources of Law

Custom (of societies),


Actions of Representatives (Government),


Decision of Courts,


Actions of Administration Agencies,


Agreements between people.

Substantive Law

the rights and duty that each person has in society

Procedural Law

Rules that deal with how rights and duties may be enforced

Public Law

regulation of relationship of government and people



Private Law

regulates the relationship between private persons and groups of private people



Civil Law

The system of law involving a comprehensive legislated code.



Court System of BC

Criminal, Family, Small Claims (up to 25,000$)


Provincial Court


BC Supreme Court


BC Court of Appeal


Supreme Court of Canada




Tax court of Canada


Federal Court Trial Division


Federal Court of Appeal

5 roles of the court

1.Arbiters of the Constitution


2.Interperation of Legislation


3. Protection of Civil Liberty


4. Enforcement of Public Policy


5. Arbiters of Disputes Between Private Parties

13 Steps in the Legislation Process

Demand Letter


Negotiation


writ of summon


statement of claim


appearance


statement of defence


reply


demand for discovery of documents


interrogatories


examination for discovery


set trail date


trail


appeal

Basis for Liability In Torts

Fault


Strict Liability


Vicarious Liability

Fault

unjustifiable conduct that intentionally or carelessly disregard the interests of others

Strict Liability

Not at fault but still liable

Vicarious Liability

the liability of an employer to compensate for torts committed by an employee during his or her employment

The most important tort is?

Negligence

Negligence Formula

You must have:


Duty of Care Owed


Breach


Causation


Remoteness (Not too remote)


Contributory Negligence

Duty of Care

you must take reasonable care to avoid acts or omission which you can reasonably foresee would be liekly to injure your neighbour

Breach of standard of care

there is an average standard that follows the reasonable person standard. this is different for children and mentally incapable people

Causation

the breach was the effective cause of the injury

Remoteness (Not too remote)

trying to determine if what occurred is too bizaar

Contributory Negligence

all of the things that you yourself caused to yourself

Deceit

deceptive statement that misleads or deceived another to its prejudice

assault and battery

Assault - threat of battery/ violence


Battery - harmful and intentional contact of the body of another



Nervous Shock

when you intentionally or recklessly cause another nervous shock or distress



false imprisonment

intentionally restraining the movement without lawful justification

malicious prosecution

hated prosecution. causing someone to go to court because you hate the person



defamation

lowering a persons reputation in the eyes of right thinking members of society

Professional Liability

Contractual


Fiduciary Duty


Tort (Negligent Misrepresentation)

Contractual Obligation

agreement to provide professional services to a client contains a promise, water stated or not, to perform those services competently

Fiduciary Duty

a person who owes a duty of utmostloyalty and goodfaith in a special relationship of trust

Negligent Misrepresentation

an unintentional tort imposing liability when an incorrect statement is made without due care for its accuracy, and injury is caused

Dutyof Care

extends to third party and omissions, Breach of the relevant standard

Hedley byrne principle

a professional does owe duty to anunknown third party, as long as there is a closed and direct connection

Reliance

has the client relied on that advice?

What is ADR?

ANY MECHANISM TO RESOLVE A DISPUTE OUTSIDE OF LITIGATION AND COURT SYSTEM

Advantages of ADR

lower cost


reduced time to resolve


confidential


greater control over process


business advantage


specialized expertise


opportunity for conciliation

Disadvantages of ADR

possible inequity of bargaining power


lack of enforcement of document disclosure


possible lack of finality


enforcement challenges


less safe guards

Types of ADR

Negotiation


Confidential listening


Mediation


Neutral Evaluation


Mini-Trials(Both sides argue to an expert to evaluate)


Arbitration (hire someone to act as judge)


Arb/Med


Medaloa ( mediation and last offer arbitration - last resort, starts as mediator, then becomes arbitration.)

Contract Law

Voluntary legal relationships. It is a set of promises that the law will enforce

Six General Rules for Offer andAcceptance

1. Contract doesn't exist until an offer is made by one person, and accepted by another




2. indentation to do business is not an offer




3. an offer must be communicated




4. an offer has lapsed if a specific time period for acceptance has expired, a reasonable time period has expired, or either offeror or the offer dies or becomes insane




5. An offer may be revoked at anytime prior to acceptance




6. Contract becomes binding the moment an offer is accepted

ANALYSISTO DETERMINE TIME AND LOCATION OF “ACCEPTANCE”

1. Identify method of communication


2. Ask is this an accepted method of communication? yes if method specified in the offer or used in the offer


3. If no to step 2 then acceptance occurs when recieved


4. If yes to step 2 then follow rules for each method of communication