CAIB 3 Key Terms – Comprehensive Study Set
Civil Law ✔️Ans - the body of law concerned with civil or private rights and
remedies, as contrasted with criminal law which deals with wrongs against
society.
Tort ✔️Ans - 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 ✔️Ans - is the failure, without legal excuse to perform
any promise which forms the whole or part of the contract.
Rule of Precedent ✔️Ans - basic concept in common law in which current
court decisions must follow those made in cases having similar circumstances.
Statute Law ✔️Ans - written law enacted by provincial or federal
legislation. It amends or supercedes the common law.
Damages ✔️Ans - compensation in money for the loss or damage suffered.
Compensatory Damages ✔️Ans - are damages intended to compensate the
injured party for the bodily injury or property damage sustained.
General Damages ✔️Ans - 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 ✔️Ans - are damages which can be measured as to
amount and are often referred to as out of pocket expenses.
Exemplary or Punitive Damages ✔️Ans - damages which are intended to
punish defendants for their behaviour or to make an example of them.
Doctrine of Negligence ✔️Ans - based on the duty of all persons to exercise
due care in their conduct towards others from which injury may result.
, Negligence ✔️Ans - 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.
Strict Liability ✔️Ans - 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 ✔️Ans - 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 ✔️Ans - 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 ✔️Ans - an unlawful interference with ones's person, property or
rights.
Easement ✔️Ans - a right of persons to use land belonging to others.
False Imprisonment ✔️Ans - holding someone without lawful justification
in a place against their will.
False Arrest ✔️Ans - 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 ✔️Ans - 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 ✔️Ans - consists of a statement that causes unjustified injury to
the reputation of another person and which results in the loss to that person
Civil Law ✔️Ans - the body of law concerned with civil or private rights and
remedies, as contrasted with criminal law which deals with wrongs against
society.
Tort ✔️Ans - 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 ✔️Ans - is the failure, without legal excuse to perform
any promise which forms the whole or part of the contract.
Rule of Precedent ✔️Ans - basic concept in common law in which current
court decisions must follow those made in cases having similar circumstances.
Statute Law ✔️Ans - written law enacted by provincial or federal
legislation. It amends or supercedes the common law.
Damages ✔️Ans - compensation in money for the loss or damage suffered.
Compensatory Damages ✔️Ans - are damages intended to compensate the
injured party for the bodily injury or property damage sustained.
General Damages ✔️Ans - 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 ✔️Ans - are damages which can be measured as to
amount and are often referred to as out of pocket expenses.
Exemplary or Punitive Damages ✔️Ans - damages which are intended to
punish defendants for their behaviour or to make an example of them.
Doctrine of Negligence ✔️Ans - based on the duty of all persons to exercise
due care in their conduct towards others from which injury may result.
, Negligence ✔️Ans - 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.
Strict Liability ✔️Ans - 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 ✔️Ans - 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 ✔️Ans - 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 ✔️Ans - an unlawful interference with ones's person, property or
rights.
Easement ✔️Ans - a right of persons to use land belonging to others.
False Imprisonment ✔️Ans - holding someone without lawful justification
in a place against their will.
False Arrest ✔️Ans - 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 ✔️Ans - 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 ✔️Ans - consists of a statement that causes unjustified injury to
the reputation of another person and which results in the loss to that person
