CAIB 1 Chapter 4 exam 2024 with complete solutions
What area of law does Criminal Law address? correct answersCriminal law deals with wrongs against society How does criminal law deal with violators? correct answersProsecute them in criminal courts with fines, imprisonment or probation What area of law does civil law or common law address? correct answersConcerned with settling disputes between individuals or other legal entities in matters not involving a criminal act What is the goal of civil law? correct answersTo seek compensation for the amount of the financial loss or damage suffered by the wronged party What are the 2 branches of Civil Law? correct answersContract Law, Tort Law What is the Statute Law? correct answersWritten law and is derived from Bills introduced into parliament and provincial legislative assemblies to deal with specific needs. When passed they take priority over any existing common law. How does Statute Law affect Civil Law or Common Law? correct answersStatute law takes priority over any other existing Common law. Define "tort" correct answersa wrong done to another in breach of a duty laid down by the law. (not a breach in contract) Identify and explain, using examples, the 3 elements of a tort, or establish negligence. correct answersi. Legal duty owed - One party has the right not to be harmed unreasonably and the other party has the duty to refrain from causing harm. This must be a non-contractual right, otherwise it would place the situation within the area of contract law. (The defendant owed the plaintiff a legal duty) ii. Duty breached - Must be a violation of the right to be free from harm or a breach of the duty not to harm. (This legal duty was breached as a result of the defendant's negligence)
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- 28 maart 2024
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