CIP C13- Insurance against liability EXAM |
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C13- Insurance against liability
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Terms in this set (101)
Liability imposed by law Nearly all liability includes the word imposed by
law or may be obligated to pay
Liability is the responsibility assessed against a
person for an injury or damage to a third party
Represents money owed or a debt
A financial obligation will be assessed against the
person being sued
Liability equals responsibility The responsibility that falls to a person due to their
actions arising from their ownership or use of
something
Three categories how law imposes Negligence
liability Nuisance
Breach of contract
These 3 acts qualify as torts
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Tort definition A tort is a civil wrong or injury recognized under
law other than breach of contract where an injured
party has the right to sue the defendant usually in
the form of compensation
Intentional torts is when someone intends to injure
someone in a way the law forbids it
Negligence Most common way the law imposes liability. Ha to
be found to commit a tort or wrongful act and
causing damage or injury to someone.
Common sense should govern your conduct so
you don't foreseeably cause damage to others
Nuisance When you infringe on a persons right to enjoy their
property.
Classed as private or public
Private nuisance is the interference of enjoyment of
ones living area
Public nuisance is interference involving many
people. Only the attorney general may bring action
for public nuisance
Breach of contract When a party fails to honour the terms of a
contract.it provides the injured party to contract
the right to legal cause against the party who
breached.
The protection offered in a liability insurance policy
has a limited application to breach of contract.
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Liability Insurance as a solution Our Civil justice system imposes responsibilities on
a ll citizens as individuals or on other forms of legal
entities.
the courts judge the circumstances and attempt to
compensate the wrongs by a transfer of funds from
one party to the other
Funding can be costly. Most companies choose to
purchase liability insurance policy. The pay a
premium and when a loss arises the policy will pay
for the judgements against the insured.- Insurers
provide the financial resources and expertise to
deal with claims covered under the policy
Canadian Law Divided between federal, provincial and municipal
governments.
federal- military, postal service
Provincial - property rights, education and
regulation of insurance industry
Municipal-authorized by provincial governments to
carry out functions within their boundaries - What
may be a breach of law in one municipality may not
be in another and similarly there may be
differences between provinces as well.
- Knowledge of the statue law from one area to
another is often very important to determine
whether a wrongful case has occurred.
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Criminal law vs Case law - Laws have been enacted to preserve out society's
sense of security as a whole.
- A civil action (lawsuit) arises from a dispute,
formally brought before a court, between
individuals or corporations where the injured party
is usually interested in monetary compensation.
- Someone who commits a criminal act can also be
sued in civil law for any damages caused as a result
of the breach of duty to an individual.
- Criminal court goes for guilt, civil goes for fault
- A finding of not guilty in criminal court doesn't
mean civil court will be the same. Different burden
of proof.
Two Systems of Civil Law - Civil code of Quebec and the common law
system.
- Civil Law is concerned with settling disputes:
courts decide whether
o To rule in favour of the plaintiff and
o Assess compensation
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