CIP C13 Questions and Answers (100%
Correct Answers) Already Graded A+
Liability [ Ans: ] Responsibility is assessed again
person/entity for injury or damage to third party
Liability can be imposed by law in three ways. What are
they? [ Ans: ] 1. Negligence
2. Nuisance
3. Breach of contract
Negligence [ Ans: ] The most common way the law
imposes liability is finding that someone has committed a
tort due to negligence, which results in injury or damage
to another
Nuisance [ Ans: ] Infringing on a person's right to enjoy
and use their property.
Public or private
Breach of contract [ Ans: ] Failing to honour fundamental
and important terms of a contact
Criminal law vs civil law [ Ans: ] Criminal: Codified law,
statute law (criminal code or minor statute law). Serious
offences, or quasi-crimes, such as speeding
- Looking to establish or determine guilt
,- Punishment or imprisonment
- Burden of proof is high
Civil: Disputes brought forward to a court amongst private
individuals. Seeking compensation for damage or injury
caused to you by another individual. Not necessarily
coded law
- Focused on fault, who is at fault? Who is liable?
- Focused on compensating the party who has suffered
damage or injury
- Standard of proof not as high
What are the two civil law systems in Canada? [ Ans: ]
Common Law
QC Civil Code
Purpose of the Civil Code [ Ans: ] To interpret the law,
NOT to make the law
Purpose of Common Law [ Ans: ] Interprets a mix of
statute law and case law (precedent law)
Precedent Law - Hierarchy of Precedent? [ Ans: ] Statute
law supersedes case law
Decisions of higher courts over lower courts
,Decisions from your province/territory will carry more
weight than those from elsewhere (courts can still look to
other provinces but your province takes precedence)
Supreme Court [ Ans: ] Highest court in Canada
In order to get your case there, they have to consent to
hear it, by considering if your case deals with something
of national importance
What is precedence? [ Ans: ] Cases on similar principles of
law that the court may look to for guidance on how to
resolve a case currently in dispute.
What are the two categories of nuisance under tort? [ Ans:
] Private and public
ABC Rule [ Ans: ] 1. A duty of care exists
2. Breach of that duty occurred
3. Causal relationship between the breach and damages is
shown
A duty of care exists [ Ans: ] General duty of care (most
important)
Specific duties of care (as a parent, as an occupier)
Responsibility you have to conduct yourself a certain way
, Duty to Your Neighbour Principle [ Ans: ] Who is your
neighbour?
- Anyone so closely and directly affected by your actions
- Must be reasonably foreseeable that by doing or not
doing something you could injure that person
- Donoghue v Stevenson (ginger beer case)
Occupiers' Duty of Care [ Ans: ] You owe a different duty
of care to people, depending on the nature of their entry:
Trespasser - Common humanity
Licensee - Protect from known or concealed traps or
dangers
Invitee - Prevent damage from unusual known dangers
Contractual Entrant - Specified in contract
Strict liability [ Ans: ] Liability imposed by a court or by a
statute in the absence of fault when harm results from
activities or conditions that are extremely dangerous,
unnatural, hazardous, extraordinary, abnormal, or
inappropriate
You cannot escape fault by asserting reasonable care was
taken.
Correct Answers) Already Graded A+
Liability [ Ans: ] Responsibility is assessed again
person/entity for injury or damage to third party
Liability can be imposed by law in three ways. What are
they? [ Ans: ] 1. Negligence
2. Nuisance
3. Breach of contract
Negligence [ Ans: ] The most common way the law
imposes liability is finding that someone has committed a
tort due to negligence, which results in injury or damage
to another
Nuisance [ Ans: ] Infringing on a person's right to enjoy
and use their property.
Public or private
Breach of contract [ Ans: ] Failing to honour fundamental
and important terms of a contact
Criminal law vs civil law [ Ans: ] Criminal: Codified law,
statute law (criminal code or minor statute law). Serious
offences, or quasi-crimes, such as speeding
- Looking to establish or determine guilt
,- Punishment or imprisonment
- Burden of proof is high
Civil: Disputes brought forward to a court amongst private
individuals. Seeking compensation for damage or injury
caused to you by another individual. Not necessarily
coded law
- Focused on fault, who is at fault? Who is liable?
- Focused on compensating the party who has suffered
damage or injury
- Standard of proof not as high
What are the two civil law systems in Canada? [ Ans: ]
Common Law
QC Civil Code
Purpose of the Civil Code [ Ans: ] To interpret the law,
NOT to make the law
Purpose of Common Law [ Ans: ] Interprets a mix of
statute law and case law (precedent law)
Precedent Law - Hierarchy of Precedent? [ Ans: ] Statute
law supersedes case law
Decisions of higher courts over lower courts
,Decisions from your province/territory will carry more
weight than those from elsewhere (courts can still look to
other provinces but your province takes precedence)
Supreme Court [ Ans: ] Highest court in Canada
In order to get your case there, they have to consent to
hear it, by considering if your case deals with something
of national importance
What is precedence? [ Ans: ] Cases on similar principles of
law that the court may look to for guidance on how to
resolve a case currently in dispute.
What are the two categories of nuisance under tort? [ Ans:
] Private and public
ABC Rule [ Ans: ] 1. A duty of care exists
2. Breach of that duty occurred
3. Causal relationship between the breach and damages is
shown
A duty of care exists [ Ans: ] General duty of care (most
important)
Specific duties of care (as a parent, as an occupier)
Responsibility you have to conduct yourself a certain way
, Duty to Your Neighbour Principle [ Ans: ] Who is your
neighbour?
- Anyone so closely and directly affected by your actions
- Must be reasonably foreseeable that by doing or not
doing something you could injure that person
- Donoghue v Stevenson (ginger beer case)
Occupiers' Duty of Care [ Ans: ] You owe a different duty
of care to people, depending on the nature of their entry:
Trespasser - Common humanity
Licensee - Protect from known or concealed traps or
dangers
Invitee - Prevent damage from unusual known dangers
Contractual Entrant - Specified in contract
Strict liability [ Ans: ] Liability imposed by a court or by a
statute in the absence of fault when harm results from
activities or conditions that are extremely dangerous,
unnatural, hazardous, extraordinary, abnormal, or
inappropriate
You cannot escape fault by asserting reasonable care was
taken.
