My CAIB 3 Definitions – Complete Guide
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 supersedes the common law.
Damages ✔️Ans - Compensation in money for the loss or damage suffered.
Compensatory Damages ✔️Ans - Damages intended to compensate the
injured party for the bodily injury or property damage sustained.
General Damages ✔️Ans - 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 - 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 behavior or to make an example of them.
Nominal Damages ✔️Ans - Damages which may be awarded when there is
no substantial loss or injury to be compensated and the court award is being
sought, if for no other reason than to establish the validity of the plaintiffs
claim when a question of principle is at stake.
, 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 doing of something which a reasonable and prudent man
would not do.
Strict Liability ✔️Ans - 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.
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 - Unlawful interference with one's person, property or
rights.
Easement ✔️Ans - 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 victims with the intention that they be turned
over to the police for prosecution.
Malicious Prosecution ✔️Ans - 1- Complainant was arrested and later
released
2 - evidence provided revealed that the person making the complaint did not
have an honest belief that a crime had been committed, but as guided by other
improper motives such as a desire to harass or humiliate.
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 supersedes the common law.
Damages ✔️Ans - Compensation in money for the loss or damage suffered.
Compensatory Damages ✔️Ans - Damages intended to compensate the
injured party for the bodily injury or property damage sustained.
General Damages ✔️Ans - 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 - 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 behavior or to make an example of them.
Nominal Damages ✔️Ans - Damages which may be awarded when there is
no substantial loss or injury to be compensated and the court award is being
sought, if for no other reason than to establish the validity of the plaintiffs
claim when a question of principle is at stake.
, 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 doing of something which a reasonable and prudent man
would not do.
Strict Liability ✔️Ans - 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.
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 - Unlawful interference with one's person, property or
rights.
Easement ✔️Ans - 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 victims with the intention that they be turned
over to the police for prosecution.
Malicious Prosecution ✔️Ans - 1- Complainant was arrested and later
released
2 - evidence provided revealed that the person making the complaint did not
have an honest belief that a crime had been committed, but as guided by other
improper motives such as a desire to harass or humiliate.
