Chapter 1

Question 1

Criminal Wrong

Answer 1

A wrong considered harmful to the state; state describes a punishment and does not wait for action from the victim

Question 2

What is the primary focus of criminal wrongs?

Answer 2

Punishment

Question 3

Civil law

Answer 3

Concerned with civil/private rights; victims have the option to commence proceedings; deals with tort/contract law

Question 4

Tort Law

Answer 4

Enables victims to obtain compensation from those who ccaused the loss; a tort is a civil wrong or injury other than breach of contract

Question 5

What are the two types of torts?

Answer 5

intentional (assault, deceit) and unintentional (negligence, carelessness)

Question 6

What is a Breach of Contract Law?

Answer 6

The failure, WITHOUT LEGAL EXCUSE, to perform a promise which forms the whole or part of a contract

Question 7

Common Law

Answer 7

Precedents set by previous cases in civil law must be carried forward in cases with similar circumstances

Question 8

Statute Law

Answer 8

Written law

Question 9

What are the three types of Damages in Tort?

Answer 9

Compensatory Damages, Exemplary or Punitive Damages, and Nominal Damages

Question 10

Compensatory Damages in Tort

Answer 10

Intended to compensate the injured party for the bodily injury or property damage sustained.

Question 11

How is bodily injury paid in compensatory damages?

Answer 11

General damages (exact amount of damages cant be financially measured but what court deems is fair) and special damages (exactly measurable i.e., dentist, doctor, etc.)

Question 12

How is property damage paid in compensatory damages?

Answer 12

Measured by how much the plaintiff lost a) the difference in the value of tangible property before and after damages b) actual losses incurred as a result of loss of use

Question 13

Exemplary or Punitive Damages

Answer 13

to punish

Question 14

Nominal Damages

Answer 14

Used when a court award is only being sought to validate the plaintiff, can be $1

Question 15

Remedies for Breach of Contract

Answer 15

a) provide for payment of damages (if a mall is not built in time you can charge for lost rental income) b) enforce specific terms (deposits) c) grant an injunction prohibiting the other party from doing certain things or to do certain things d) permit recission of the contract

Question 16

Negligence

Answer 16

The most significant wrong for which a business owner may be found liable

Question 17

The plaintiff in a negligence case must prove which three conditions:

Answer 17

1) the defendant owed the plaintiff legal custody of care
2) duty was breached as a result of negligence
3) plaintiff suffered damages as a proximate result of the defendant’s negligence

Question 18

Strict Liability

Answer 18

some activities are so dangerous that if someone gets hurt or something is damaged, the person doing the activity is automatically considered responsible unless they can prove they weren’t at fault (setting off fireworks, lighting fires, keeping dangerous things such as animals)

Question 19

What is the purpose of strict liability?

Answer 19

This is meant to put more responsibility on the people who are best able to prevent the loss

Question 20

Occupier

Answer 20

The person in control of the premises

Question 21

T/F: whoever is in control of a property is dependent on ownership

Answer 21

False, this is dependent on control

Question 22

Strict liability applies to common law and statute law, but is more major in:

Answer 22

Statute Law

Question 23

What is the duty owed to those who come on the premises - premises and operations exposure?

Answer 23

The occupier is responsible for the condition of the premises (loose railings, lifted carpet) and the operations being conducted (welding sparks, employee drops a paint can on a customer’s foot)

Question 24

Occupier’s Liability Act

Answer 24

provides for a common duty of care “such as in all circumstances of the case is reasonable to see that the visitor will be reasonably safe”

Question 25

How does the Occupier's Liability Act view visitors who willingly accept risk?

Answer 25

The common duty of care is not owed

Question 26

How does the Occupier's Liability Act view trespassers?

Answer 26

No duty is owed, but they should not have traps set or be intentionally harmed

Question 27

How does liability for independent contractors work? What about the person who hired the contractor?

Answer 27

The independent contractor performing work on another's premises is an occupier and will be liable in the event of injury or damages; whoever hired them is not liable provideded 1) reasonable care was exercised in selecting the contractor and 2) it was reasonable for that contractor to do that work

Question 28

What are the exceptions to contractors liability?

Answer 28

1) when the work being contracted is inherently dangerous 2) when loss results from the use of defective equipment or machinery 3) when the principle controls the manner in which work is being done

Question 29

How is liability for injuries from rented single-occupancy buildings treated?

Answer 29

Landlords are generally not liable, except: 1) if landlord does not notify tenant of dangerous conditions and 2) if landlord agrees to make repairs and fails to do so

Question 30

How is liability for injuries from rented multiple-occupancy buildings treated?

Answer 30

Landlord is responsible to the tenant and those entering only for the areas common to all occupanies (hallways, elevators, etc.)

Question 31

What are the two duties owed to those OUTSIDE the premises?

Answer 31

Nuisance and Trespass

Question 32

Nuisance

Answer 32

everything that endangers life or health, offends the senses, violates the laws of decency, or obstructs reasonable and comfortable use of the property (vibrations, noise, pollution, smoke, odours)

Question 33

Trespass

Answer 33

The unlawful interferece with one's person, property or rights (erecting a property so it overhangs on a neighbour's land, dumping of waste materials)

Question 34

Products liability - what is a defective product?

Answer 34

one which contained something it shouldn't, or didn't contain something it should have in manufacture

Question 35

A products liability claim can only arises when:

Answer 35

it occurred away from the premises, and the seller clearly relinquished possession

Question 36

Sales of Goods Act

Answer 36

The fitness of a product for a particular product for a particular purpose; includes implied warranties. Express warranties from the seller can be added, and they override the implied warranties

Question 37

Snail in the Bottle Case

Answer 37

Resulted in courts extending the right to ALL USERS of a defective product to sue manufacturers for negligence. Previously, the duty was only owed to those who purchased the product. Mrs. Donaghue drank a soda from a cafe purchased by her friend and became sick due to a rotten snail in the drink. She sued the manufacturer and won.

Question 38

Duty of Manufacturers to Consumers

Answer 38

Safe design, safe manufacturer, construction, assembly + packaging, give proper warning of dangers, provide instructions

Question 39

Duties of Sellers to Consumers

Answer 39

theyre considered experts on ingredients and properties of products, expected to tell the truth

Question 40

Completed Operations Liability

Answer 40

The exposure to liability for bodily injury or property damage arising out of the insured's completed work; the work is defective and causes injury/damages and they can be sued

Question 41

Completed ops claim can arise when shown that the injury/damages:

Answer 41

1) occurred away from the premises of the person doing the work and 2) the work has been completed or abandoned

Question 42

Personal Injury Liability & Examples

Answer 42

Damages someone's reputation or image; wrongful arrest, libel, slander, wrongful entry, malicious prosecution Ex. store detectives wrongfully accusing of theft, landlords of wrongful entry, newspapers/broadcasters for libel/slander

Question 43

Ordinary Care

Answer 43

A bailee for hire is expected to take the same care of the goods as would be taken by a prudent and reasonable owner

Question 44

Are employers liable for the acts of their employees? Yes, except when:

Answer 44

1) employees delegate their work to someone else 2) employee is on a 'frolic of their own' 3) employee uses employer's property without authorization

Question 45

Workers Compensation Laws

Answer 45

Takes the liability off the employer, employee waives rights to sue the employer in the event of workplace injury

Question 46

Contingent Liability Exposure can exist when:

Answer 46

1) work is completed by persons not employed 2) employees work in another province too long

Question 47

Contractual Liability

Answer 47

The liability of others assumed by the insured under contract