Caib 3 Notes—Outlined Complete Study Guide With Detailed Solutions

CAIB 3 NOTES—OUTLINED COMPLETE STUDY GUIDE WITH DETAILED SOLUTIONS .what are the 2 kinds of laws? - Answer-1. civil law 2. criminal law .what is civil law? - Answer-for private wrongs and uses private rights and remedies .what is criminal law? - Answer-for wrongs against society and uses punitive sanctions .what 2 things are laws established in? - Answer-1. statute law 2. common law .what is statute law? - Answer-created by legislation and supersedes common law .what is common law? - Answer-rule of precedence- uses previous decisions as basis for new judgements (used to ensure consistency) .what are the 3 degrees of negligence? - Answer-1. negligence 2. gross negligence 3. criminal negligence .what does civil law consist of? - Answer-tort law and contract law .what is tort? - Answer-injury other than a breach of contract for which courts will award damages .what are the two kinds of tort? - Answer-1. intentional torts- assault etc. 2. unintentional torts- wrongs resulting from negligence or carelessness (defamation, nuisance or trespass etc.) .how are damages awarded in civil law? 2 things - Answer-1. write of execution against property 2. garnishing of wages .what are 3 types of tort damages? - Answer-1. compensatory damages 2. exemplary or punitive damages 3. nominal damages .what 2 things are included in compensatory damages? - Answer-y injury- general and special damages 2. property damage- difference in value and/ or loss of use .what are general damages for bodily injury? - Answer-an amount the court deems fair. Can be pecuniary (economic) or non-pecuniary (pain and suffering, disfigurement, future earnings, humiliation etc.) .what are special damages for bodily injury? - Answer-out of pocket expenses (doctor/ specialist, travel expenses, clinic hospital charges etc.) .what are 4 factors affecting compensation amounts for general and special damages? - Answer-1. reputation/ social position 2. dependents 3. financial circumstance 4. plaintiff's lawyer .what are 4 remedies for breach of contract? - Answer-1. enforce specific performance 2. prohibits/ ensures performance of certain acts (injunction) 3. award damages 4. permit rescission of contract- reset like contract never happened .what is an injunction? - Answer-to do or not to do something .what is general limitation statute? - Answer-time limit on legal action on certain contractual matters (each province has their own) .what 2 things is liability established in? - Answer-statute law and common law .what is liability in statute law? - Answer-if statute is breached, owner is liable (i.e., violates building standards). more likely to face fine (punitive damages) .what is liability in common law based on? - Answer-based on doctrine of negligence- duty of all persons to exercise due care in their conduct towards others from which injury may result. liable if negligence interferes with other's rights .what must plaintiff prove for negligence in liability in common law? 3 things - Answer-1. defendant owed legal duty of care 2. duty breached as result of negligence- act contrary to a reasonable and prudent person (reasonable is different based on person and assumes min level of knowledge) 3. suffered damages as a proximate result .what is strict liability? - Answer-when doing dangerous activity, you are assumed to be legally liable, the plaintiff must only show damages. Negligence or legal duty doesn't matter .what are 4 points about strict liability? - Answer-1. dangerous activities include- explosives, lighting fires, aircraft, keeping dangerous things 2. you are guilty until proven innocent 3. defenses limited by law 4. rationale- places responsibility on those in the best position to control .what are 11 possible commercial liabilities? - Answer-1. premises and operations 2. completed operations exposure 3. product liability 4. property in custody exposure 5. employer's liability exposure 6. contingent liability exposure 7. contractual liability exposure 8. automobile/ aircraft/ watercraft exposure 9. pollution liability exposure 10. incidental medical malpractice 11. personal injury exposure .what are people on premises owed for premises and operations? - Answer-They are owed common duty .what is liability in common law for premises and operations? 4 things - Answer-1. determined by the reason they are on premises 2. invitees- economic benefits to occupier (customer) 3. licensee- people allowed but no benefit to occupier (mailman, electrician) 4. trespasser .what is liability in statute law for premises and operations based on? 5 things - Answer-1. only visitors and trespassers 2. exposure to 3 torts- negligence, nuisance and trespass 3. occupier's liability act 4. occupier's liability is limited if harm is result of contractors or rented premises 5. duty owed to those off premises- maintenance to protect from all harm .what is nuisance? - Answer-everything that endangers life/ health or gives offense to senses .what must plaintiff show for exposure to nuisance for liability in statute law? 2 things - Answer-1. physical injury/ substantial interference of use or enjoyment of property 2. injury/ interference was unreasonable (noise at 3am vs 3pm) .what is trespass? - Answer-unlawful interference of a person's property or rights .what is visitor owed under occupier's liability act? - Answer-they are owned common duty- reasonable care to see visitors are reasonably safe for purpose of visit (if duty breached- they can sue)