CIP C13- Insurance against liability EXAM | FREQUENTLY
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often requiring students to demonstrate knowledge of legal statutes, case law, and their ability to apply legal reasoning. Common types of law exams include:Essay/Problem-Based
Questions: In law exams, students are often given hypothetical scenarios (problem questions) and are asked to analyze the legal issues
Students also studied
H
Ke
C
Terms in this set (101)
Liability imposed by law Nearly all liability includes the word imposed by law or may be obligated to pay
Liability is the responsibility assessed against a person for an injury or damage to a
third party
Represents money owed or a debt
A financial obligation will be assessed against the person being sued
Liability equals responsibility The responsibility that falls to a person due to their actions arising from their
ownership or use of something
Three categories how law imposes liability Negligence
Nuisance
Breach of contract
These 3 acts qualify as torts
Tort definition A tort is a civil wrong or injury recognized under law other than breach of
contract where an injured party has the right to sue the defendant usually in the
form of compensation
Intentional torts is when someone intends to injure someone in a way the law
forbids it
,Negligence Most common way the law imposes liability. Ha to be found to commit a tort or
wrongful act and causing damage or injury to someone.
Common sense should govern your conduct so you don't foreseeably cause
damage to others
Nuisance When you infringe on a persons right to enjoy their property.
Classed as private or public
Private nuisance is the interference of enjoyment of ones living area
Public nuisance is interference involving many people. Only the attorney general
may bring action for public nuisance
Breach of contract When a party fails to honour the terms of a contract.it provides the injured party
to contract the right to legal cause against the party who breached.
The protection offered in a liability insurance policy has a limited application to
breach of contract.
Liability Insurance as a solution Our Civil justice system imposes responsibilities on a ll citizens as individuals or on
other forms of legal entities.
the courts judge the circumstances and attempt to compensate the wrongs by a
transfer of funds from one party to the other
Funding can be costly. Most companies choose to purchase liability insurance
policy. The pay a premium and when a loss arises the policy will pay for the
judgements against the insured.- Insurers provide the financial resources and
expertise to deal with claims covered under the policy
Canadian Law Divided between federal, provincial and municipal governments.
federal- military, postal service
Provincial - property rights, education and regulation of insurance industry
Municipal-authorized by provincial governments to carry out functions within their
boundaries - What may be a breach of law in one municipality may not be in
another and similarly there may be differences between provinces as well.
- Knowledge of the statue law from one area to another is often very important to
determine whether a wrongful case has occurred.
Criminal law vs Case law - Laws have been enacted to preserve out society's sense of security as a whole.
- A civil action (lawsuit) arises from a dispute, formally brought before a court,
between individuals or corporations where the injured party is usually interested
in monetary compensation.
- Someone who commits a criminal act can also be sued in civil law for any
damages caused as a result of the breach of duty to an individual.
- Criminal court goes for guilt, civil goes for fault
- A finding of not guilty in criminal court doesn't mean civil court will be the same.
Different burden of proof.
Two Systems of Civil Law - Civil code of Quebec and the common law system.
- Civil Law is concerned with settling disputes: courts decide whether
o To rule in favour of the plaintiff and
o Assess compensation often requiring students to demonstrate knowledge of legal statutes,
case law, and their ability to apply legal reasoning. Common types of law exams
include:Essay/Problem-Based Questions: In law exams, students are often given hypothetical
scenarios (problem questions) and are asked to analyze the legal issues
, Civil Code of Quebec - When the King of France assumed jurisdiction over Quebec in 1663, he declared
that it would be subject to the Customs of Paris. It was a legal system whose
traditions could be traced to Roman law.
- In 1763 Quebec was ceded to the british, but, it was not until 1861 when the
government of Quebec ordered a bilingual consolidation of the civil code.
- Complete overhaul created the Civil Code of Quebec on January 1 of 1994
- Governing insurance In general are found in articles 2389 to 2414 of the civil
code. Articles 2463 to 2479 under the section entitled damage insurance are
common provisions.
- Articles 2498 to 2504 specifically deal with liability insurance.
Common Law System - Over the years our law system has evolved into a mix of both case law and
statue law.
- Statue law supersede case law precedent when one comes into conflict with the
other - if the statue specifically covers the point in dispute.
Case Law Precedent - under common law, the courts look upon cases that have already been decided
for guidance on how to resolve cases currently in dispute.
- Precedent-setting case law forms a body of general principles which can be
compared to the case in dispute.
- To apply common law theories, lawyers and judges are often required to
conduct lots of research to determine cases that can be used as a basis for a
decision.
- Part court decisions are considered to have set a precedent when they direct
the outcome of other disputes that follow.
- Case law is not a branch of law itself, it is merely the recording (in writing) of
decisions made in court.
- When such a decision eventually influences the outcome of future cases it is
considered to be precedent-setting case law.
- supreme court of Canada decisions supsede any provincial court decisions, and
decisions from a provincial superior court supersede decisions of lower courts of
that province.
- Decisions from provinces other than the one where the incident took place can
be considered, however they do not have as much influence as a local decision.
- In practice both the civil code of Quebec and the common law system rely
heavily on the body of case law within their jurisdictions.
Court Structure - The structure of the court system varies from province to province.
- Lowest level is the small claims court for small cases
- Count or district courts for intermediate lawsuits
- Highest level is the superior court for the largest cases
- Final means of recourse is provincial appears court, some jurisdictions there is
no right of appear from cases heard in small claims court.
Introduction to Negligence in Tort - Typical liability policies have most often responded to lawsuits alleging
negligence against the insured. often requiring students to demonstrate knowledge of
legal statutes, case law, and their ability to apply legal reasoning. Common types of law exams
include:Essay/Problem-Based Questions: In law exams, students are often given hypothetical
scenarios (problem questions) and are asked to analyze the legal issues
MOST TESTED QUESTIONS AND VERIFIED
SOLUTIONS/GET IT 100% ACCURATE!
Save
often requiring students to demonstrate knowledge of legal statutes, case law, and their ability to apply legal reasoning. Common types of law exams include:Essay/Problem-Based
Questions: In law exams, students are often given hypothetical scenarios (problem questions) and are asked to analyze the legal issues
Students also studied
H
Ke
C
Terms in this set (101)
Liability imposed by law Nearly all liability includes the word imposed by law or may be obligated to pay
Liability is the responsibility assessed against a person for an injury or damage to a
third party
Represents money owed or a debt
A financial obligation will be assessed against the person being sued
Liability equals responsibility The responsibility that falls to a person due to their actions arising from their
ownership or use of something
Three categories how law imposes liability Negligence
Nuisance
Breach of contract
These 3 acts qualify as torts
Tort definition A tort is a civil wrong or injury recognized under law other than breach of
contract where an injured party has the right to sue the defendant usually in the
form of compensation
Intentional torts is when someone intends to injure someone in a way the law
forbids it
,Negligence Most common way the law imposes liability. Ha to be found to commit a tort or
wrongful act and causing damage or injury to someone.
Common sense should govern your conduct so you don't foreseeably cause
damage to others
Nuisance When you infringe on a persons right to enjoy their property.
Classed as private or public
Private nuisance is the interference of enjoyment of ones living area
Public nuisance is interference involving many people. Only the attorney general
may bring action for public nuisance
Breach of contract When a party fails to honour the terms of a contract.it provides the injured party
to contract the right to legal cause against the party who breached.
The protection offered in a liability insurance policy has a limited application to
breach of contract.
Liability Insurance as a solution Our Civil justice system imposes responsibilities on a ll citizens as individuals or on
other forms of legal entities.
the courts judge the circumstances and attempt to compensate the wrongs by a
transfer of funds from one party to the other
Funding can be costly. Most companies choose to purchase liability insurance
policy. The pay a premium and when a loss arises the policy will pay for the
judgements against the insured.- Insurers provide the financial resources and
expertise to deal with claims covered under the policy
Canadian Law Divided between federal, provincial and municipal governments.
federal- military, postal service
Provincial - property rights, education and regulation of insurance industry
Municipal-authorized by provincial governments to carry out functions within their
boundaries - What may be a breach of law in one municipality may not be in
another and similarly there may be differences between provinces as well.
- Knowledge of the statue law from one area to another is often very important to
determine whether a wrongful case has occurred.
Criminal law vs Case law - Laws have been enacted to preserve out society's sense of security as a whole.
- A civil action (lawsuit) arises from a dispute, formally brought before a court,
between individuals or corporations where the injured party is usually interested
in monetary compensation.
- Someone who commits a criminal act can also be sued in civil law for any
damages caused as a result of the breach of duty to an individual.
- Criminal court goes for guilt, civil goes for fault
- A finding of not guilty in criminal court doesn't mean civil court will be the same.
Different burden of proof.
Two Systems of Civil Law - Civil code of Quebec and the common law system.
- Civil Law is concerned with settling disputes: courts decide whether
o To rule in favour of the plaintiff and
o Assess compensation often requiring students to demonstrate knowledge of legal statutes,
case law, and their ability to apply legal reasoning. Common types of law exams
include:Essay/Problem-Based Questions: In law exams, students are often given hypothetical
scenarios (problem questions) and are asked to analyze the legal issues
, Civil Code of Quebec - When the King of France assumed jurisdiction over Quebec in 1663, he declared
that it would be subject to the Customs of Paris. It was a legal system whose
traditions could be traced to Roman law.
- In 1763 Quebec was ceded to the british, but, it was not until 1861 when the
government of Quebec ordered a bilingual consolidation of the civil code.
- Complete overhaul created the Civil Code of Quebec on January 1 of 1994
- Governing insurance In general are found in articles 2389 to 2414 of the civil
code. Articles 2463 to 2479 under the section entitled damage insurance are
common provisions.
- Articles 2498 to 2504 specifically deal with liability insurance.
Common Law System - Over the years our law system has evolved into a mix of both case law and
statue law.
- Statue law supersede case law precedent when one comes into conflict with the
other - if the statue specifically covers the point in dispute.
Case Law Precedent - under common law, the courts look upon cases that have already been decided
for guidance on how to resolve cases currently in dispute.
- Precedent-setting case law forms a body of general principles which can be
compared to the case in dispute.
- To apply common law theories, lawyers and judges are often required to
conduct lots of research to determine cases that can be used as a basis for a
decision.
- Part court decisions are considered to have set a precedent when they direct
the outcome of other disputes that follow.
- Case law is not a branch of law itself, it is merely the recording (in writing) of
decisions made in court.
- When such a decision eventually influences the outcome of future cases it is
considered to be precedent-setting case law.
- supreme court of Canada decisions supsede any provincial court decisions, and
decisions from a provincial superior court supersede decisions of lower courts of
that province.
- Decisions from provinces other than the one where the incident took place can
be considered, however they do not have as much influence as a local decision.
- In practice both the civil code of Quebec and the common law system rely
heavily on the body of case law within their jurisdictions.
Court Structure - The structure of the court system varies from province to province.
- Lowest level is the small claims court for small cases
- Count or district courts for intermediate lawsuits
- Highest level is the superior court for the largest cases
- Final means of recourse is provincial appears court, some jurisdictions there is
no right of appear from cases heard in small claims court.
Introduction to Negligence in Tort - Typical liability policies have most often responded to lawsuits alleging
negligence against the insured. often requiring students to demonstrate knowledge of
legal statutes, case law, and their ability to apply legal reasoning. Common types of law exams
include:Essay/Problem-Based Questions: In law exams, students are often given hypothetical
scenarios (problem questions) and are asked to analyze the legal issues
