CAIB 3 NOTES—OUTLINED STUDY
GUIDE
\.Civil Law - Answer-✔the body of law concerned with civil or private rights and remedies, as
contrasted with criminal law which deals with wrongs against society.
\.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.
\.Occupier - Answer-✔a person who has immediate supervision and control of the premises and
the power to admit and exclude the entry of others is an occupier.
\.Nuisance - Answer-✔everything that endangers life or health, gives offense to senses, violates
the laws of decency, or obstructs reasonable and comfortable use of the property.
\.Trespass - Answer-✔an unlawful interference with ones's person, property or rights.
GUIDE
\.Civil Law - Answer-✔the body of law concerned with civil or private rights and remedies, as
contrasted with criminal law which deals with wrongs against society.
\.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.
\.Occupier - Answer-✔a person who has immediate supervision and control of the premises and
the power to admit and exclude the entry of others is an occupier.
\.Nuisance - Answer-✔everything that endangers life or health, gives offense to senses, violates
the laws of decency, or obstructs reasonable and comfortable use of the property.
\.Trespass - Answer-✔an unlawful interference with ones's person, property or rights.
