Paul-Caib 3- Ch 1

Front 1

Civil law

Back 1

The body of law concerned with civil or private rights and remedies, as contrasted with criminal law which deals with laws against society. (Reference pg 1-2).

Front 2

Tort

Back 2

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. (Reference pg 1-2)

Front 3

Breach of contract

Back 3

Is the failure, without legal excuse to perform any promise which forms the whole or part of the contract. (Reference pg 1-2)

Front 4

Rule of precedent

Back 4

Basic concept in common law in which current court decisions must follow those made in cases having similar circumstances. (Reference pg 1-3)

Front 5

Statute law

Back 5

Written law enacted by provincial or federal legislation. It amends or supercedes the common law. (Reference pg 1-4)

Front 6

Damages

Back 6

Compensation in money for the loss or damage suffered. (Reference pg 1-4)

Front 7

Compensatory damages

Back 7

Are damages intended to compensate the injured party for the bodily injury or property damage sustained. (Reference pg 1-4)

Front 8

General damages

Back 8

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. (Reference pg 1-4)

Front 9

Special damages

Back 9

Are damages which can be measured as to amount and are often referred to as put of pocket expenses. (Reference pg 1-4)

Front 10

Exemplary or punitive damages

Back 10

Damages which are intended to punish defendants for their behaviour or to make an example of them. (Reference pg 1-5)

Front 11

Nominal damages

Back 11

Damages which may be awarded when 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. (Reference pg 1-5)

Front 12

Doctrine of negligence

Back 12

Based on the duty of all persons to exercise due care in their conduct towards others from which injury may result. (Reference pg 1-8)

Front 13

Negligence

Back 13

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. (Reference pg 1-8)

Front 14

Strict liability

Back 14

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. (Reference pg 1-9)

Front 15

Occupier

Back 15

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. (Reference pg 1-10)

Front 16

Nuisance

Back 16

Everything that endangers life or health, gives offense to senses, violates the laws of decency, or obstructs reasonable and comfortable use of the property. (Reference pg 1-12)

Front 17

Trespass

Back 17

An unlawful interference with one's person, property or rights. (Reference pg 1-13)

Front 18

Bailee for Hire

Back 18

One who has temporary custody of the personal property of another for a purpose other than sale and who is compensated as a condition of such custody. (Reference pg 1-17)