CAIB 1 Chapter 4
What area of law does Criminal Law address?—ANSWER--Criminal law deals with
wrongs against society
How does criminal law deal with violators?—ANSWER--Prosecute them in criminal
courts with fines, imprisonment or probation
What area of law does civil law or common law address?—ANSWER--Concerned with
settling disputes between individuals or other legal entities in matters not involving a
criminal act
What is the goal of civil law?—ANSWER--To seek compensation for the amount of the
financial loss or damage suffered by the wronged party
What are the 2 branches of Civil Law?—ANSWER--Contract Law, Tort Law
What is the Statute Law?—ANSWER--Written 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?—ANSWER--Statute law takes
priority over any other existing Common law.
Define "tort"—ANSWER--a 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.—
ANSWER--i. 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)
iii. The plaintiff suffered damages as a proximate result of the defendant's negligence.
Some injury or damage caused to the person having the right to be free from harm.
Example pg. 4-3
Define "negligence."—ANSWER--The omission to do something which a reasonable man
would or would not do. Careless rather than intentional invasion of another's rights.
The law generally holds innocent until proven guilty, State and briefly explain 3
exceptions to this risk.—ANSWER--1. Liability in Statute - Statutes created by prov. and
fed. Gov. may impose strict liability. Ex. HTA dealing with vehicular accidents causing
injury to pedestrians normally will assume the defendant guilty until proven innocent.
2. Res Ipsa Loquitur - "The thing that speaks for itself" Cannot be accounted for without
negligence on the part of the defendant. Ex. Would not have happened if the defendant
was not being negligent.
© 2026 Copyright. All Rights Reserved. This document is
protected by copyright law, Copyrighted By Brittie Donald
What area of law does Criminal Law address?—ANSWER--Criminal law deals with
wrongs against society
How does criminal law deal with violators?—ANSWER--Prosecute them in criminal
courts with fines, imprisonment or probation
What area of law does civil law or common law address?—ANSWER--Concerned with
settling disputes between individuals or other legal entities in matters not involving a
criminal act
What is the goal of civil law?—ANSWER--To seek compensation for the amount of the
financial loss or damage suffered by the wronged party
What are the 2 branches of Civil Law?—ANSWER--Contract Law, Tort Law
What is the Statute Law?—ANSWER--Written 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?—ANSWER--Statute law takes
priority over any other existing Common law.
Define "tort"—ANSWER--a 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.—
ANSWER--i. 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)
iii. The plaintiff suffered damages as a proximate result of the defendant's negligence.
Some injury or damage caused to the person having the right to be free from harm.
Example pg. 4-3
Define "negligence."—ANSWER--The omission to do something which a reasonable man
would or would not do. Careless rather than intentional invasion of another's rights.
The law generally holds innocent until proven guilty, State and briefly explain 3
exceptions to this risk.—ANSWER--1. Liability in Statute - Statutes created by prov. and
fed. Gov. may impose strict liability. Ex. HTA dealing with vehicular accidents causing
injury to pedestrians normally will assume the defendant guilty until proven innocent.
2. Res Ipsa Loquitur - "The thing that speaks for itself" Cannot be accounted for without
negligence on the part of the defendant. Ex. Would not have happened if the defendant
was not being negligent.
© 2026 Copyright. All Rights Reserved. This document is
protected by copyright law, Copyrighted By Brittie Donald
