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49 Cards in this Set
- Front
- Back
Criminal Law |
Deals with wrongs against society |
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Civil Law |
Settling disputes between individuals or other legal entities in matters not involving a criminal act |
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Statute Law |
Written law and derived from Bills introduced into parliament and provincial legislative assemblies to deal with specific needs. They take priority over any existing common law dealing with the same matter. |
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Types of Civil Law |
Contract Law Tort |
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Tort Law |
A tort is a wrong done to another in breach of a duty laid down by law. It is not a breach of contract |
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3 Elements required to be present in every tort action |
Legal Duty owed Duty breached The plaintiff suffered damages as a proximate result of the defendant's negligence |
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Classification of Torts |
Intentional Tort Unintentional Tort (Negligence) |
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Negligence |
The omission to do something which a reasonable man would do, or the doing of something which a reasonable and prudent man would not do |
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Strict Liability |
Guilty until proven innocent |
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Strict Liability Activities: |
Performance of a reasonable activity in a reasonable setting Hazardous activities which are inherently dangerous regardless of care taken Allowing the spread of intentional free Keeping of potentially dangerous things on the premises Keeping animals known to be dangerous |
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Liability Policies |
Insure bodily Injury/Property Damage Coverage provided for third party claims only Payment of damage limited to those required to compensate third parties for their loss |
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Damages awarded for bodily injury |
Special Damages General Damages |
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Special Damages |
Out of pocket expenses. Can be accurately measured. |
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General Damages |
Cannot be quantified with precision in monetary terms but reflect an amount that the court believes necessary to compensate the aggrieved party fairly. Pain and Suffering. Shock. |
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Damages Awarded for Property Damage |
The difference in the value of tangible property before and after damage. Actual losses incurred as a result of loss of use of tangible property. |
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Trespasser |
There for their own purposes without the express or implied permission of its occupier. Their presence is of no value to the occupier.
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Trespasser: Legal Duty Owed |
Cannot set traps Cannot intentionally cause harm to the trespasser |
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Licensee |
One who comes on to the premises for his own purpose but with the occupiers consent. Mutual Advantage. (Postal worker) |
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Licensee: Legal Duty Owed |
Licensees must take the premises as the find them. Occupier has a duty to warn licensees of any hazard which has been introduced to the premises which they would not normally expect to find, and which is known by the occupier to be dangerous |
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Invitee |
A person on land of another if: he enters by invitation express or implied; his entry is connected with the owners business; there is mutuality of benefit or benefits to the owner (business's customers) |
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Invitee: Legal Duty Owed |
Not only against dangers of which he knows, but also against those which with reasonable care he might discover |
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Persons Outside the Premises |
If property is used in a normal manner, occupiers are expected to maintain their buildings or land so as to avoid the escape of water/sewer or other obnoxious matter detriment of their neighbours. Dangerous things include: Water, swimming pools. |
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Domestic Animals |
There is no first free bite and a dog's owner is deemed legally liable from the first bite |
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Wild Animals |
Strict Liability |
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Children |
Children are responsible for bodily injury or property damage unless proven by the courts they were incapable of understanding the consequences of their actions.
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Parents aren't required to pay for the torts of their children except: |
Demonstrated failure on the parents part to properly supervise and control their child's activities Injury/damage caused by dangerous thing/animal relinquished by parent to the control of the child (gun/knife) Injury/damage was caused by child acting on the authority of the parents Injury/damage arose out of the duties of employment in the parents business |
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Landlords of Apartments and Rented Dwellings |
Landlords are not responsible for ensuring that a building is fit for the purpose for which it is rented. Exception: When landlord rents furnished apartment to a tenant its presumed the premises are fit for the purpose leased |
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Joint Liability |
When two or more people act together so as to cause injury or damage they are jointly liable |
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Independent Contractors |
Owners/Tenants are generally not liable for the negligence of an independent contractor with whom they have contracted to do work |
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Independent Contractors: Exceptions |
The work being conducted is inherently dangerous The work creates a public nuisance There is a breach of statutory obligation The injury/damage arose out of the use of defective equipment or plant supplied by the owner/tenant They control the manner in which work is being done |
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Personal Liability Coverages |
Coverage E- Personal Liability Coverage F- Voluntary Medical Payments Coverage G- Voluntary Payment for Damage to Property Coverage H- Voluntary Compensation for Residence Employees |
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Persons Insured: |
Any person or organization legally liable for damages caused by a watercraft or animal owned by the insured and to which this insurance applies A residence employee while performing duties in connection with the ownership use or operation of motorized vehicles and trailers for which coverage is provided in this form Legal representative Any person who is insured by this form at the time of your death and who continues residing on the insureds premises |
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Premises Insured |
Premises where you are residing temporarily, as long as you are not the owner of the premises; lessee or tenant longer than 90 consecutive days Premises in Canada to be occupied by you as your principal residence Individual or family cemetery plots Vacant land in Canada you own or rent other than farm land Land in Canada where an independent contractor is building a one/two/three family residence occupied by you |
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Coverage E |
Personal Liability. Coverage designed to insure the legal liability of insureds in their role as private citizens while anywhere in the world. Bodily Injury to you or any other person residing in your household other than residence employees |
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Coverage E Personal Liability: Exclusions |
Damage to property used/occupied/leased/rented by or in the care, custody or control of an insured. Does not apply to unintentional property damage to premises owned by others including: fire, explosion, water damage, smoke- excluding smoke from a fireplace. |
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Defense, Settlement, Supplementary Payments |
The amounts provided by this additional insuring agreement are over and above the limit. All expenses which we incur; all costs charged against you in any suit insured under Coverage E; any judgement accruing after judgement on that part; premiums for appeal bonds required in insured lawsuit |
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Obligations of Insureds when Accident or Occurrence |
You must promptly give us notice which includes: date, time, circumstances; names and addresses of witnesses and potential claimants |
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Prompt notification requirement: |
Gives the insurer the opportunity to collect all facts concerning the accident while they are fresh in the insureds mind; an inspection of the accident site may reveal facts which might remove or reduce the responsibility for the loss from the insured; it is also important that the insurer be allowed to interview witnesses as soon as possible to ensure that important details are not forgotten |
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Unauthorized Settlements: |
You shall not, except at your own cost, make voluntary payments, assume any obligation or incur expenses other than first aid expenses necessary at the time of accident.
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Coverage F |
Voluntary Medical Payments. Insurer agrees to voluntarily make payments on insureds behalf. No requirement for insured to be legally liable before a payment is made |
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Coverage G |
Voluntary Payment for Damage to Property. Which was unintentionally caused and the insured would not be legally liable; intentionally caused by an insured 12 yrs or younger |
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Coverage H |
Voluntary Compensation for Residence Employees. Provides coverage for injury/death for residence employees, only if insured is not at fault. |
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Watercraft and Motorized Vehicles You Own |
Watercraft including attachments equipped with an outboard motor of not more than 12 kW (16 H.P)
Watercraft including attachments equipped with any other motor of not more than 38 kW (50 H.P) Non-Motorized watercraft including attachments not more than 8 metres (26 ft) in length Self propelled lawn mowers, snowblowers, garden-type tractors of not more than 19 kW (25HP) Motorized golf carts while in use on a golf course Motorized wheelchairs |
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Newly Acquired Watercraft |
Watercraft which exceed special limitations are required to have additional insurance purchased. Newly acquired watercraft are covered under the policy for up to 30 days from purchase date to avoid gap in coverage. |
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Watercraft and Motorized Vehicles You Do Not Own |
Any type of watercraft Self propelled land vehicle, amphibious and air cushion vehicle. *No coverage if vehicles are subject to registration |
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Watercraft and Motorized Vehicles We Do Not Insure |
Used for carrying passengers for compensation Used for business purposes Used in any race or speed test |
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Business and Business Property: Exceptions |
Personal actions during the course of your trade, profession or occupation which are not related to your trade, profession or occupation Occasional rental to others of the portion of the dwelling usually occupied by you as a private residence Rental to others of portions of your two or three family dwelling Rental of space in your residence to others for incidental office/school or studio occupancy Rental to others of not more than 3 car spaces or stalls in garages or stables Temp or part time business pursuits of an insured person under the age of 21 |
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When there is a claim the Personal Umbrella Liability Policy will only pay when: |
There is not enough insurance under the primary policy (primary policy pays first)
There is no coverage under the primary policy |
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Self Insured Retention |
Applies to all losses under the liability policy which are not covered under the primary policy. Functions as a deductible. |