CAIB 3 Study Guide Q's and A's
State the primary purpose of tort law. - answer Primary purpose of tort law is to provide
compensation to plaintiffs
Define tort. - answerA private wrong or injury, other than breach of contract, for which
the court will provide a remedy in the form of an action for damages
Identify two types of torts and provide one example of each. - answer Intentional Torts
Example Deliberating hitting someone (criminal act)
Unintentional Torts
Customer in client's store trips on loose carpet and is injured
Provide an example of breach of contract. - answerYou hire a contractor to build you a
house. This contractor never shows up to perform job.
Common law is the main body of law in Canada. Common law is based on the Rule of
Precedent. Describe how this influences decisions made by courts - answerCourts of
today will be guided by decisions of previous courts in matters having similar
circumstances
Are Rules of Precedent subject to change? - answerYes, sometimes what made sense
in the past no longer makes sense today
Define statute law. - answerStatute laws are written laws enacted by provincial and
federal governments. When these laws are in place they will override common law.
What are compensatory damages? - answerCompensatory damages are awarded by
courts to compensate plaintiffs
Describe two types of compensatory damages and provide three examples of each. -
answerGeneral Damages
i) Pain & suffering
ii) Loss of future earnings
iii) Future care costs
Special Damages
i) Medical bills all ready incurred
ii) Ambulance charges
iii) Loss of earnings from the date of the accident to the date of the trial
, What is the purpose of exemplary or punitive damages? - answerExemplary or punitive
damages are awarded by courts to punish defendants. Courts impose these awards on
defendants when they wish to make an example of them
When may courts award nominal damages? - answerWhen cases are brought on
questions of principals and plaintiffs have not suffered any damages
Courts provide many remedies for breach of contract. Identify these remedies. -
answeri) Provide for payment of damages to plaintiff
ii) Enforce specific performance of contract
iii) Grant an injunction not allowing a party to perform a specific act
iv) Grant rescission of contract to return parties to their pre-contract position
Describe the doctrine of negligence. - answerDoctrine of negligence places a duty on all
people to use due care in their interactions with others from which injury may result
What are three conditions required before negligence can be proven. - answerI)
Defendant owed the plaintiff a legal duty of care
ii) Duty was breached as a result of defendant's negligence
iii) Plaintiff suffered damages as a proximate result of the defendant's negligence
Courts do not expect perfection of defendants. What will courts use as a measurement
of a defendant's actions? - answerCourts will compare defendant's actions with that of a
reasonable man
Defendants can be held strictly liable. Usually, people are innocent until proven guilty.
This changes with strict liability. Explain strict liability. - answerWhen certain actions are
hazardous, courts may assume defendants are guilty until they can prove themselves
innocent
Why might strict liability be imposed by courts? - answerCourts impose strict liability on
those who are in the best position to control losses arising from hazardous activities
List three examples of operations that may impose strict liability. - answeri) Using
explosives
ii) Lightning fires
iii) Operating aircraft
When clients have questions regarding the law, what should brokers advise? -
answerRefer Clients to a proper legal professional
When will people be considered occupiers? - answerPeople are considered occupiers
when they control premises. Occupiers admit and exclude entry of others to the
premises
State the primary purpose of tort law. - answer Primary purpose of tort law is to provide
compensation to plaintiffs
Define tort. - answerA private wrong or injury, other than breach of contract, for which
the court will provide a remedy in the form of an action for damages
Identify two types of torts and provide one example of each. - answer Intentional Torts
Example Deliberating hitting someone (criminal act)
Unintentional Torts
Customer in client's store trips on loose carpet and is injured
Provide an example of breach of contract. - answerYou hire a contractor to build you a
house. This contractor never shows up to perform job.
Common law is the main body of law in Canada. Common law is based on the Rule of
Precedent. Describe how this influences decisions made by courts - answerCourts of
today will be guided by decisions of previous courts in matters having similar
circumstances
Are Rules of Precedent subject to change? - answerYes, sometimes what made sense
in the past no longer makes sense today
Define statute law. - answerStatute laws are written laws enacted by provincial and
federal governments. When these laws are in place they will override common law.
What are compensatory damages? - answerCompensatory damages are awarded by
courts to compensate plaintiffs
Describe two types of compensatory damages and provide three examples of each. -
answerGeneral Damages
i) Pain & suffering
ii) Loss of future earnings
iii) Future care costs
Special Damages
i) Medical bills all ready incurred
ii) Ambulance charges
iii) Loss of earnings from the date of the accident to the date of the trial
, What is the purpose of exemplary or punitive damages? - answerExemplary or punitive
damages are awarded by courts to punish defendants. Courts impose these awards on
defendants when they wish to make an example of them
When may courts award nominal damages? - answerWhen cases are brought on
questions of principals and plaintiffs have not suffered any damages
Courts provide many remedies for breach of contract. Identify these remedies. -
answeri) Provide for payment of damages to plaintiff
ii) Enforce specific performance of contract
iii) Grant an injunction not allowing a party to perform a specific act
iv) Grant rescission of contract to return parties to their pre-contract position
Describe the doctrine of negligence. - answerDoctrine of negligence places a duty on all
people to use due care in their interactions with others from which injury may result
What are three conditions required before negligence can be proven. - answerI)
Defendant owed the plaintiff a legal duty of care
ii) Duty was breached as a result of defendant's negligence
iii) Plaintiff suffered damages as a proximate result of the defendant's negligence
Courts do not expect perfection of defendants. What will courts use as a measurement
of a defendant's actions? - answerCourts will compare defendant's actions with that of a
reasonable man
Defendants can be held strictly liable. Usually, people are innocent until proven guilty.
This changes with strict liability. Explain strict liability. - answerWhen certain actions are
hazardous, courts may assume defendants are guilty until they can prove themselves
innocent
Why might strict liability be imposed by courts? - answerCourts impose strict liability on
those who are in the best position to control losses arising from hazardous activities
List three examples of operations that may impose strict liability. - answeri) Using
explosives
ii) Lightning fires
iii) Operating aircraft
When clients have questions regarding the law, what should brokers advise? -
answerRefer Clients to a proper legal professional
When will people be considered occupiers? - answerPeople are considered occupiers
when they control premises. Occupiers admit and exclude entry of others to the
premises
