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CAIB 3 Study Guide - Q's and A's
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CAIB 3 Study Guide - Q's and A'sState the primary purpose of tort law. ✔️Ans - Primary purpose of tort law
is to provide compensation to plaintiffs
Define tort. ✔️Ans - A private wrong or injury, other than breach of
contract, for which the court will provide a remedy in the form of an action for
damages
Identify two types of torts and provide one example of each. ✔️Ans -
Intentional Torts
Example Deliberating hitting someone (criminal act)
Unintentional Torts
Customer in client's store trips on loose carpet and is injured
Provide an example of breach of contract. ✔️Ans - You hire a contractor to
build you a house. This contractor never shows up to perform job.
Common law is the main body of law in Canada. Common law is based on the
Rule of Precedent. Describe how this influences decisions made by courts
✔️Ans - Courts of today will be guided by decisions of previous courts in
matters having similar circumstances
Are Rules of Precedent subject to change? ✔️Ans - Yes, sometimes what
made sense in the past no longer makes sense today
Define statute law. ✔️Ans - Statute laws are written laws enacted by
provincial and federal governments. When these laws are in place they will
override common law.
What are compensatory damages? ✔️Ans - Compensatory damages are
awarded by courts to compensate plaintiffs
Describe two types of compensatory damages and provide three examples of
each. ✔️Ans - General Damages
i) Pain & suffering
ii) Loss of future earnings
iii) Future care costs
, Special Damages
i) Medical bills all ready incurred
ii) Ambulance charges
iii) Loss of earnings from the date of the accident to the date of the trial
What is the purpose of exemplary or punitive damages? ✔️Ans - Exemplary
or punitive damages are awarded by courts to punish defendants. Courts
impose these awards on defendants when they wish to make an example of
them
When may courts award nominal damages? ✔️Ans - When cases are
brought on questions of principals and plaintiffs have not suffered any
damages
Courts provide many remedies for breach of contract. Identify these remedies.
✔️Ans - i) Provide for payment of damages to plaintiff
ii) Enforce specific performance of contract
iii) Grant an injunction not allowing a party to perform a specific act
iv) Grant rescission of contract to return parties to their pre-contract position
Describe the doctrine of negligence. ✔️Ans - Doctrine of negligence places a
duty on all people to use due care in their interactions with others from which
injury may result
What are three conditions required before negligence can be proven. ✔️Ans
- I) Defendant owed the plaintiff a legal duty of care
ii) Duty was breached as a result of defendant's negligence
iii) Plaintiff suffered damages as a proximate result of the defendant's
negligence
Courts do not expect perfection of defendants. What will courts use as a
measurement of a defendant's actions? ✔️Ans - Courts will compare
defendant's actions with that of a reasonable man
Defendants can be held strictly liable. Usually, people are innocent until
proven guilty. This changes with strict liability. Explain strict liability. ✔️Ans
- When certain actions are hazardous, courts may assume defendants are
guilty until they can prove themselves innocent
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