Tort - ✔✔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. Intentional or unintentional.
Breach of contract - ✔✔Failure, without legal excuse, to perform any promise which forms the
whole or part of a contract.
Rule of precedent - ✔✔Current court decisions must follow those made in cases with similar
circumstances.
Statute Law - ✔✔The written law created by Federal or Provincial legislation. Supercedes or
ammemds common law.
Special damages - ✔✔Damages awarded for out of pocket expenses the part has suffered as a
result of an infringement of his or her legal rights. Measurable; medical expenses, loss of
income etc.
General damages - ✔✔Damages that cannot be quantified with precision in monetary terms
but reflect an amount the court believes necessary to compensate fairly. Eg; pain and suffering,
disfigurement, permanence.
Negligence - ✔✔The defendant owed the plaintiff a duty of care. The duty was breached as a
result of the defendant's negligence. The plaintiff suffered damages as a proximate result of the
plaintiff's negligence.
Doctrine of Negligence - ✔✔The duty of all persons to exercise due care in their conduct
towards others from which injury may result.
Trespass - ✔✔An unlawful interference with one's person, property, rights.
, Occupier - ✔✔A person who has immediate supervision and control of a premises. Eg; owners,
tenants, persons conducting work.
Nuisance - ✔✔Everything that endangers life and health, gives offense to senses, violates the
laws of decency, obstructs reasonable and comfortable use of the property.
Doctrine of strict liability - ✔✔Assumption that certain activities are so hazardous that the
person doing the activity is responsible for any injury or damage arising from them. Eg;
explosives, keeping wild animals, lighting fires, operating aircraft.
Punitive damages - ✔✔Meant to punish defendants that have infringed on another's legal
rights. Over and above compensatory damages. Aka exemplary damages.
Compensatory damages - ✔✔Meant to compensate the injured party for bodily injury or
property damage sustained.
Civil Law - ✔✔The body of law concerned with civil or private and remedies.
Criminal Law - ✔✔Deals with wrongs against society.
Damages - ✔✔An amount of money awarded to the person injured by another's tort.
Nominal damages - ✔✔A minimal amount awarded where there's no substantial loss or injury
but a plantiffs claim is valid.
Aggregate limit - ✔✔The most the policy will pay during the policy period for all claims for
which insurance is provided.
Bodily injury - ✔✔Liability that may arise from injury or death of another person.