CAIB 3 Terms and Definitions
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. It is also
referred to as private law.
Tort - answera 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 is the failure, without legal excuse, to perform any promise
which forms the whole or part of a contract
Rule of Precedent - answerThe basic concept in common law in which current court
decisions must follow those made in cases having similar circumstances
Stature Law - answer written law enacted by provincial or federal legislation. It amends
or supercedes the common law
Damages - answerThe award determined by the courts constitutes damages for which
the insured has been judged legally liable. In other words, compensation in money to
victims for the loss or damage suffered.
Compensatory Damages - answerare intended to compensate the injured party for the
bodily injury or property damaged sustained.
General Damages - answerare damages which cannot be exactly determined in
monetary terms, but reflect an amount that the court believes necessary to compensate
the aggrieved party fairly. Ex . Pain & suffering
Special Damages - answerare damages which can be measured as to an amount and
are often referred to as out of pocket expenses. Ex. Doctor, dentist , hospital charges.
Exemplary or Punitive Damages - answerMay be awarded to the plaintiff over and
above those provided as compensatory damages. They often involve circumstances of
violence, oppression, malice, fraud, or wanton or callous conduct on the part of the
defendant. The purpose of such award is to punish defendants for their behaviour or to
make an example of them.
Nominal Damages - answerwhen there is no substantial loss or injury to be
compensated and the court award is being sought, if for no other reason than to
establish the validity of the plaintiff's claim when a question of principle is at stake
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. It is also
referred to as private law.
Tort - answera 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 is the failure, without legal excuse, to perform any promise
which forms the whole or part of a contract
Rule of Precedent - answerThe basic concept in common law in which current court
decisions must follow those made in cases having similar circumstances
Stature Law - answer written law enacted by provincial or federal legislation. It amends
or supercedes the common law
Damages - answerThe award determined by the courts constitutes damages for which
the insured has been judged legally liable. In other words, compensation in money to
victims for the loss or damage suffered.
Compensatory Damages - answerare intended to compensate the injured party for the
bodily injury or property damaged sustained.
General Damages - answerare damages which cannot be exactly determined in
monetary terms, but reflect an amount that the court believes necessary to compensate
the aggrieved party fairly. Ex . Pain & suffering
Special Damages - answerare damages which can be measured as to an amount and
are often referred to as out of pocket expenses. Ex. Doctor, dentist , hospital charges.
Exemplary or Punitive Damages - answerMay be awarded to the plaintiff over and
above those provided as compensatory damages. They often involve circumstances of
violence, oppression, malice, fraud, or wanton or callous conduct on the part of the
defendant. The purpose of such award is to punish defendants for their behaviour or to
make an example of them.
Nominal Damages - answerwhen there is no substantial loss or injury to be
compensated and the court award is being sought, if for no other reason than to
establish the validity of the plaintiff's claim when a question of principle is at stake
