CAIB 3 KEY TERMS CHAPTER 1 TO 6
State 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 action for damages.
breach of contract - answer when a person fails, for no legal reason, to fulfill the terms
of a contract they have agreed to called breach of contract.
statue law - answer is written law enacted by the provincial and federal governments.it
supersedes or amends the common law.
general damages - answer general damages award made when the court cannot be
determined exactly but which represent an amount the court believes is necessary to
compensate the victim for the wrong done to them.
special damages. - answer special damages award made when the court can be
quantified or determined exactly and the court to reimburse the plaintiff for expenses
related to the injury caused to them and also referred to as ''Out of pocket expenses.''
compensatory damages - answer compensatory damages are intended to compensate
the victim for the bodily injury or property damage sustained.
occupier - answeranyone having control over the premises...i.e.) could be an owner,
tenant or independent contractor.
nominal damages - answernominal damages award made when there is no bodily injury
or property damage to be compensated. Their purpose is merely to support the fact that
the plaintiff or victim suffered a legal wrong and, therefore, did have the right of legal
action against the defendant. damages will be for a nominal sum...e.g.)$1.
nuisance - answera nuisance is everything that endangers life or health, gives offence
to senses, violates the laws of decency, or obstructs reasonable and comfortable use of
the property.
Doctrine strict liability - answerdoctrine 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..i.e.) guilty until proven
innocent.
Doctrine of negligence - answerDoctrine of negligence assumes is the people owe a
duty due care in the things when they fails to do what a reasonable person would have
done, or the doing of something which a reasonable person would not have done under
those circumstances.
, trespass - answerA trespass an unlawful interference of person, property or rights. It
occur when a person enter owner land or property with out permission.....i.e.) throwing
waste material on someone property.
doctrine of negligence - answerassumes that people owe a duty to exercise due care in
the things they do. when they fail to do so, and results injury , they are considered have
been negligent.
liability of director - answera separate policy will be required to insure the liability of
directors of both private and public companies for the failure to properly exercise their
legal duties to shareholders, creditors, employees and the public.
umbrella policies - answeran umbrella policy will normally be purchased in addition to a
CGL policies in the following instances: 1) To provide increased limits of insurance. 2)
To provide broader coverage's.
occurrence - answeran accident, including continuous or repeated exposure to
substantially the same general harmful conditions.
libel - answera written defamation.
statutory liability - answerstatutory liability refers to liability which is imposed by
legislation, it is a legal term indicating the liability of a party who may be held
responsible for any action or omission due to a related law that is not open to
interpretation.
false imprisonment. - answerconsists of holding someone without lawful justification in a
place against their will.
malicious prosecution - answerin any action alleging malicious prosecution the
1)complainant or Plaintiff must have been arrested and subsequently released and the
claimant must be able to prove that 2) The person who made the claim did not really
believe a wrong had been committed...i.e) was motivated more by a desire to harass or
humiliate the complainant.
easement - answera right of persons to use land belonging to others or in the other
words ''a right held by one property owner to make use of the land of another for a
limited purpose, as right of passage.''
false arrest - answerFalse arrest includes a false imprisonment and the detaining of the
victim with the intention they be turned over to the police for prosecution.
slander - answera spoken defamation.
State 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 action for damages.
breach of contract - answer when a person fails, for no legal reason, to fulfill the terms
of a contract they have agreed to called breach of contract.
statue law - answer is written law enacted by the provincial and federal governments.it
supersedes or amends the common law.
general damages - answer general damages award made when the court cannot be
determined exactly but which represent an amount the court believes is necessary to
compensate the victim for the wrong done to them.
special damages. - answer special damages award made when the court can be
quantified or determined exactly and the court to reimburse the plaintiff for expenses
related to the injury caused to them and also referred to as ''Out of pocket expenses.''
compensatory damages - answer compensatory damages are intended to compensate
the victim for the bodily injury or property damage sustained.
occupier - answeranyone having control over the premises...i.e.) could be an owner,
tenant or independent contractor.
nominal damages - answernominal damages award made when there is no bodily injury
or property damage to be compensated. Their purpose is merely to support the fact that
the plaintiff or victim suffered a legal wrong and, therefore, did have the right of legal
action against the defendant. damages will be for a nominal sum...e.g.)$1.
nuisance - answera nuisance is everything that endangers life or health, gives offence
to senses, violates the laws of decency, or obstructs reasonable and comfortable use of
the property.
Doctrine strict liability - answerdoctrine 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..i.e.) guilty until proven
innocent.
Doctrine of negligence - answerDoctrine of negligence assumes is the people owe a
duty due care in the things when they fails to do what a reasonable person would have
done, or the doing of something which a reasonable person would not have done under
those circumstances.
, trespass - answerA trespass an unlawful interference of person, property or rights. It
occur when a person enter owner land or property with out permission.....i.e.) throwing
waste material on someone property.
doctrine of negligence - answerassumes that people owe a duty to exercise due care in
the things they do. when they fail to do so, and results injury , they are considered have
been negligent.
liability of director - answera separate policy will be required to insure the liability of
directors of both private and public companies for the failure to properly exercise their
legal duties to shareholders, creditors, employees and the public.
umbrella policies - answeran umbrella policy will normally be purchased in addition to a
CGL policies in the following instances: 1) To provide increased limits of insurance. 2)
To provide broader coverage's.
occurrence - answeran accident, including continuous or repeated exposure to
substantially the same general harmful conditions.
libel - answera written defamation.
statutory liability - answerstatutory liability refers to liability which is imposed by
legislation, it is a legal term indicating the liability of a party who may be held
responsible for any action or omission due to a related law that is not open to
interpretation.
false imprisonment. - answerconsists of holding someone without lawful justification in a
place against their will.
malicious prosecution - answerin any action alleging malicious prosecution the
1)complainant or Plaintiff must have been arrested and subsequently released and the
claimant must be able to prove that 2) The person who made the claim did not really
believe a wrong had been committed...i.e) was motivated more by a desire to harass or
humiliate the complainant.
easement - answera right of persons to use land belonging to others or in the other
words ''a right held by one property owner to make use of the land of another for a
limited purpose, as right of passage.''
false arrest - answerFalse arrest includes a false imprisonment and the detaining of the
victim with the intention they be turned over to the police for prosecution.
slander - answera spoken defamation.
