Lwso 203 > Midterm 3 > Flashcards

Midterm 3 Flashcards

(70 cards)

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1
Q

What is a tort?

A

A private wrong
A private matter against an individual, corp or body of government

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2
Q

What is Tort Law?

A

Law aiming to remedy private wrong through compensation

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3
Q

What is a contract?

A

a legally binding agreement created for some form of economic exchange between two or more parties

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4
Q

What does contract law deal with?

A

Different types of contracts (oral, written)
Different purposes of contracts (purchasing, selling, hiring/leasing)
creation + enforcement of contracts

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5
Q

How is tort guilt detirmined?

A

50/50 scale

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6
Q

Is contract law a tort law?

A

No

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7
Q

What does criminal law cover?

A

public wrongs, offences against the public interest

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8
Q

What is the goal of criminal law?

A

punish wrongdoing
deter further infringements
express social condemnation
rehab offenders

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9
Q

do accidents apply to tort law?

A

No, there is no compensation for accidents

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10
Q

What is the difference between tort and criminal law when it comes to deterrance

A

Specific VS General Detterance

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11
Q

What do criminal law and tort law determine?

A

TORT = Liability
Crim = Guilt

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12
Q

Liability is…,

A

responsibility for a legal obligation

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13
Q

Bazley V Curry

A

Vicarious liability, curry died so the organization was pursued, WON

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14
Q

What is liability based on?

A

probability

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15
Q

is there a requirement to prove intention in tort law?

A

No (mens rea)

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16
Q

Intentional tort

A

intent

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17
Q

Negligent tort

A

standard of care

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18
Q

Strict liability tort

A

not doing something intentionally, product liability, duediligence etc

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19
Q

Property Tort

A

Damage to property, not individual

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20
Q

Dignitary tort

A

defamation
libel - written
slander - spoken
wrongful and intentionally harmful

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21
Q

Economic Tort

A

Outside of contracts with businesses

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22
Q

Toxic tort

A

Environmental

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23
Q

Intentional tort

A

occurs as the result of intentional physical or mental harm

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24
Q

Intentional tort involves _____ wrongdoings with _____ consequences

A

Intentional, unintentional

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25
Foreseeability
Expertise raises liability
26
Jones V Tsige
Banker looking at husbands new ex-wifes banking info intrusion -> non physical privacy
27
M(K) V M(H)
Standard of limitations 2 year limit after injury is discovered, not act for SA about injury discovery
28
Common defences in intentional tort law:
Consent Self defence (neccessity and proportionality) Necessity Legal authority
29
Negligence
Failure of individual or organization to meet a standard of reasonable care
30
Duty of care
Legal obligation in context
31
Standard of care
degree/level of care a reasonable person would apply in context
32
reasonable person
someone who would not be expected to be negligent
33
causation
links the defendants breach of obligation to plaintiffs injury
34
remoteness
reflects whether damage suffered was reasonable FORESEEABLE
35
Nelson V Marchi
Snowbank near driveway, sued the city after broken leg
36
More V Bauer Nike Hockey Inc
Saftey of helmet, standard of care was challenged case dismissed met duty with the warning signs
37
Buchan V Ortho Pharmaceutical
Duty to warn consumers of side effects of drugs DUTY OF CARE
38
Mustapha V Culligan of Canada LTD
sued cullagen , deadfly in water caused psychotic injury + depressive state cullagen had liability but not forceable (too remote) REMOTENESS
39
Common defences to negligence
Contributory (multiple parties) Accident (beyond control) Voluntary Assumption of Risk Participation in a criminal act
40
King V Redlich
Voluntary assumption of risk hit by Puck at the ODR
41
Punitive damages
Awarded in tort law beyond what is necessary to compensate injured
42
Whiten V Pilot Insurance Co
Punitive damage, house burned and 3 cats died + father hurt whiten won damages and punitive after no fault was initially found
43
Torts and Accident Compensation
Tort law is primarily concerned with compensation, however sometimes it is private
44
Where does serious crime to straight to?
Superior court
45
Question on Exception of Mens Rea (flip for answer)
its going to be all of the above
46
where do summary offences go?
lower court
47
Hybrid Offences
could go summary or indictable
48
How is the crime severity index determined?
Police reported crime
49
2014 Brentwood murders
found not guilty due to Schizophrenia
50
Criminal law
concerned with public wrongdoings
51
3 categories of a crime
offences against persons offences against property offences deemed wrong in and of themselves
52
Common debates on criminal law
what constitutes a crime? the appropriateness of criminal law for behaviour effectiveness of criminal law negative social outcomes of specific laws debates on operations of laws (too harsh/ too lenient)
53
Actus reus
Evil act
54
Mens Rea
Evil mind (wrongful intention)
55
Simultaneous principal
Actus reus and mens rea demonstrate that you did the act and there was intennt
56
Is presence enough for guilt?
No, need to participate/encourage would be needed as well
57
2 methods for assessing mens rea
Objective and subjective intention
58
objective intension
What was on your mind at the time?
59
Subjective intention
what would be in the mind of a "reasonable" person
60
section 21 of the criminal code
mens rea concerning parties to an offence
61
Exceptions to Mens Rea
Strict Liability -> onus falls on accused to prove they had no intent Absolute liability offences -> Intent is irrelevant Culpable Homicide -> someone either intentionally or unintentionally commits murder Criminal negligence -> negligence showing disregard for the lives and saftey of others
62
R V Cooper
2nd degree murder in newfoundland mens rea did not need to persist through the entire crime act
63
How many canadians/americans have criminal records
1/7 canadians 1/3 americans
64
How much higher is homicide in the USA then Canada
3X
65
highest crime rate province
Saskatchewan
66
R V Lavallee
Battered woman's syndrome, supreme court determined that although she wasn't in imminent danger, it was justified
67
Defences to criminal offences
capacity, self defence, intoxication, enticement by police, forced to commit a crime, mistake of fact (usually consent) acting under duress
68
Liabilty of intoxication depends on level of inebriation. what are the levels?
Mild, Advanced and Extreme
69
R V Daviault
Had 8 beers and bottle of brandy, comitted SA and got away with it would not be an acceptable defence now
70
REMINDER TO MAKE LAST TWO CARDS FROM L7
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Lwso 203
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