QUESTIONS AND CORRECT ANSWERS
⩥ Tort. Answer: 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. Answer: is the failure, without legal excuse to
perform any promise which forms the whole or part of the contract.
⩥ Rule of Precedent. Answer: basic concept in common law in which
current court decisions must follow those made in cases having similar
circumstances.
⩥ Statute Law. Answer: written law enacted by provincial or federal
legislation. It amends or supercedes the common law.
⩥ Damages. Answer: compensation in money for the loss or damage
suffered.
⩥ Compensatory Damages. Answer: are damages intended to
compensate the injured party for the bodily injury or property damage
sustained.
, ⩥ General Damages. Answer: 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. Answer: are damages which can be measured as to
amount and are often referred to as out of pocket expenses.
⩥ Exemplary or Punitive Damages. Answer: damages which are
intended to punish defendants for their behaviour or to make an example
of them.
⩥ Doctrine of Negligence. Answer: based on the duty of all persons to
exercise due care in their conduct towards others from which injury may
result.
⩥ Negligence. Answer: 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. Answer: 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.