CAIB 3 EXAM PREP/COPMREHENSIVE
STUDY GUIDE 2025
Civil Law -Correct Answer ✔the body of law concerned with civil or private rights and
remedies, as contrasted with criminal law which deals with wrongs against society.
Tort -Correct Answer ✔a private or civil wrong or injury, other than breach of contract,
for which the court will provide a remedy in the form of an award for damages.
Breach of Contract -Correct Answer ✔is the failure, without legal excuse to perform any
promise which forms the whole or part of the contract.
Rule of Precedent -Correct Answer ✔basic concept in common law in which current
court decisions must follow those made in cases having similar circumstances.
Statute Law -Correct Answer ✔written law enacted by provincial or federal legislation. It
amends or supercedes the common law.
Damages -Correct Answer ✔compensation in money for the loss or damage suffered.
Compensatory Damages -Correct Answer ✔are damages intended to compensate the
injured party for the bodily injury or property damage sustained.
General Damages -Correct Answer ✔are damages which cannot be exactly determined
in monetary terms, but reflect an amount that the court believes necessary to
compensate the aggrieved party fairly.
Special Damages -Correct Answer ✔are damages which can be measured as to
amount and are often referred to as out of pocket expenses.
Exemplary or Punitive Damages -Correct Answer ✔damages which are intended to
punish defendants for their behaviour or to make an example of them.
Doctrine of Negligence -Correct Answer ✔based on the duty of all persons to exercise
due care in their conduct towards others from which injury may result.
Negligence -Correct Answer ✔the failure to do something which a reasonable man,
guided by those ordinary considerations which ordinarily regulate human affairs, would
do, or the doing of something which a reasonable and prudent man would not do.
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Strict Liability -Correct Answer ✔doctrine based on the assumption that certain activities
are so hazardous that, in the event of injury or damage arising out of them, the person
conducting the activity shall be presumed to be legally liable.
Occupier -Correct Answer ✔a person who has immediate supervision and control of the
premises and the power to admit and exclude the entry of others is an occupier.
Nuisance -Correct Answer ✔everything that endangers life or health, gives offense to
senses, violates the laws of decency, or obstructs reasonable and comfortable use of
the property.
Trespass -Correct Answer ✔an unlawful interference with ones's person, property or
rights.
Easement -Correct Answer ✔a right of persons to use land belonging to others.
False Imprisonment -Correct Answer ✔holding someone without lawful justification in a
place against their will.
False Arrest -Correct Answer ✔includes false imprisonment but also includes the
additional feature of detaining the victims with the intention that they be turned over to
the police for prosecution.
Malicious Prosecution -Correct Answer ✔occurs when:
(i) the complainant was arrested and later released;
and
(ii) evidence provided revealed that the person making the complaint did not have an
honest belief that a crime had been committed, but was guided by other improper
motives such as a desire to harass or humiliate the victim.
Defamation -Correct Answer ✔consists of a statement that causes unjustified injury to
the reputation of another person and which results in the loss to that person of the
esteem, confidence, respect and goodwill of a considerable part of the community.
Slander -Correct Answer ✔refers to spoken defamation.
Libel -Correct Answer ✔refers to written defamation.
Aggregate Limit -Correct Answer ✔the most the policy will pay during the policy period
for all claims for which insurance is provided.
Bill of Lading -Correct Answer ✔a document issued by the carrier responsible for
transporting or forwarding the goods.
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