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CAIB 3 Notes – Well Detailed Study Guide
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CAIB 3 Notes – Well Detailed Study GuideWhat are the 2 kinds of laws? ✔️Ans -1. civil law
2. criminal law
What is civil law? ✔️Ans -for private wrongs and uses private rights and
remedies
What is criminal law? ✔️Ans -for wrongs against society and uses punitive
sanctions
What 2 things are laws established in? ✔️Ans -1. statute law
2. common law
What is statute law? ✔️Ans -created by legislation and supersedes common
law
What is common law? ✔️Ans -rule of precedence- uses previous decisions as
basis for new judgements (used to ensure consistency)
What are the 3 degrees of negligence? ✔️Ans -1. negligence
2. gross negligence
3. criminal negligence
What does civil law consist of? ✔️Ans -tort law and contract law
What is tort? ✔️Ans -injury other than a breach of contract for which courts
will award damages
What are the two kinds of tort? ✔️Ans -1. intentional torts- assault etc.
2. unintentional torts- wrongs resulting from negligence or carelessness
(defamation, nuisance or trespass etc.)
How are damages awarded in civil law? 2 things ✔️Ans -1. write of execution
against property
2. garnishing of wages
what are 3 types of tort damages? ✔️Ans -1. compensatory damages
,2. exemplary or punitive damages
3. nominal damages
what 2 things are included in compensatory damages? ✔️Ans -1.bodily injury-
general and special damages
2. property damage- difference in value and/ or loss of use
what are general damages for bodily injury? ✔️Ans -an amount the court
deems fair. Can be pecuniary (economic) or non-pecuniary (pain and
suffering, disfigurement, future earnings, humiliation etc.)
what are special damages for bodily injury? ✔️Ans -out of pocket expenses
(doctor/ specialist, travel expenses, clinic hospital charges etc.)
what are 4 factors affecting compensation amounts for general and special
damages? ✔️Ans -1. reputation/ social position
2. dependents
3. financial circumstance
4. plaintiff's lawyer
what are 4 remedies for breach of contract? ✔️Ans -1. enforce specific
performance
2. prohibits/ ensures performance of certain acts (injunction)
3. award damages
4. permit rescission of contract- reset like contract never happened
what is an injunction? ✔️Ans -to do or not to do something
what is general limitation statute? ✔️Ans -time limit on legal action on certain
contractual matters (each province has their own)
what 2 things is liability established in? ✔️Ans -statute law and common law
what is liability in statute law? ✔️Ans -if statute is breached, owner is liable
(i.e., violates building standards). more likely to face fine (punitive damages)
what is liability in common law based on? ✔️Ans -based on doctrine of
negligence- duty of all persons to exercise due care in their conduct towards
,others from which injury may result. liable if negligence interferes with
other's rights
what must plaintiff prove for negligence in liability in common law? 3 things
✔️Ans -1. defendant owed legal duty of care
2. duty breached as result of negligence- act contrary to a reasonable and
prudent person (reasonable is different based on person and assumes min
level of knowledge)
3. suffered damages as a proximate result
what is strict liability? ✔️Ans -when doing dangerous activity, you are
assumed to be legally liable, the plaintiff must only show damages. Negligence
or legal duty doesn't matter
what are 4 points about strict liability? ✔️Ans -1. dangerous activities include-
explosives, lighting fires, aircraft, keeping dangerous things
2. you are guilty until proven innocent
3. defenses limited by law
4. rationale- places responsibility on those in the best position to control
what are 11 possible commercial liabilities? ✔️Ans -1. premises and
operations
2. completed operations exposure
3. product liability
4. property in custody exposure
5. employer's liability exposure
6. contingent liability exposure
7. contractual liability exposure
8. automobile/ aircraft/ watercraft exposure
9. pollution liability exposure
10. incidental medical malpractice
11. personal injury exposure
what are people on premises owed for premises and operations? ✔️Ans -They
are owed common duty
what is liability in common law for premises and operations? 4 things ✔️Ans -
1. determined by the reason they are on premises
2. invitees- economic benefits to occupier (customer)
, 3. licensee- people allowed but no benefit to occupier (mailman, electrician)
4. trespasser
what is liability in statute law for premises and operations based on? 5 things
✔️Ans -1. only visitors and trespassers
2. exposure to 3 torts- negligence, nuisance and trespass
3. occupier's liability act
4. occupier's liability is limited if harm is result of contractors or rented
premises
5. duty owed to those off premises- maintenance to protect from all harm
what is nuisance? ✔️Ans -everything that endangers life/ health or gives
offense to senses
what must plaintiff show for exposure to nuisance for liability in statute law?
2 things ✔️Ans -1. physical injury/ substantial interference of use or
enjoyment of property
2. injury/ interference was unreasonable (noise at 3am vs 3pm)
what is trespass? ✔️Ans -unlawful interference of a person's property or
rights
what is visitor owed under occupier's liability act? ✔️Ans -they are owned
common duty- reasonable care to see visitors are reasonably safe for purpose
of visit (if duty breached- they can sue)
when is duty not owed for visitor under occupier's liability act? ✔️Ans -duty
not owed if visitor accepts risk (i.e., roofer paid to fix roof)
what is trespasser owed under occupier's liability act? ✔️Ans -duty owed is
that there are no traps or intentional harm
when is occupier's liability limited? ✔️Ans -if harm is result of contractors or
rented premises
what do independent contractors do? ✔️Ans -they occupy the premises while
working
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