Torts
This term describes a wrongful act that results in harm to another and can lead to a civil lawsuit.
What is a Tort?
Often discussed in terms of offer and acceptance, this is the first element of Contract law
What is consensus
Generally physical objects that can be touched, seen, and transferred from one party to another; for example, vehicles, appliances, electronics, clothing, furniture, and other consumer goods
What is goods?
This analogy or metaphor is helpful in remembering the relationship between contract, common law, and statute.
What is the Rock Paper Scissors of Employment Law
When a party to a contract has fulfilled the majority of their obligations under the contract, but minor or immaterial deviations or defects in performance remain
Two examples of this kind of tort would be assault or defamation.
What is an intentional tort?
In one class activity we discussed the group contract, and discovered that this element prevented it from being a legitimate contract
The foundation of Sales of Goods law, this old Latin phrase means
What is “caveat emptor” or “let the buyer beware”
This contract is established from four main sources, one of which is the individual written employment contract, but also includes common and statutory law.
What is the Employment Contract?
This term refers to a middle ground between employees and independent contractors
What is a Dependent Contractor
This type of Tort is based on the principle that people have a legal duty to take reasonable care to avoid causing foreseeable harm to others
What is the law of negligence?
An intentional false statement by the defendant characterizes this type of defective contract
What is Fraudulent Misrepresentation
Section 17 of the SGA of BC states that an implied condition is that the goods must correspond with the description
What is Sale by Description
In Ly v. British Columbia (Interior Health Authority), 2017 BCSC 42 the Courts ruled that this clause, written into his contract, was not enough to avoid notice obligations and awarded damages equivalent to 3 months notice.
What is a probationary clause?
This term refers to the ability to enjoy, without interference, something you bought.
What is Quiet Possession?
This doctrine prevents recovery of damages if the plaintiff was partly at fault for their injury.
What is contributory negligence?
In Queen v. Cognos Inc., [1993] 1 SCR 87, the court ruled in favour of Queeen arguing that it was an example of this kind of defective contract
What is Negligent Misrepresentation?
At the heart of the SGA is the idea of implication of these two groups of terms into contracts for the sale of goods.
What is Conditions and Warranties
These sections of the Employment Standards Act (BC ESA) set out the daily and weekly overtime entitlement.
What is part 4
or
Section 31 to 43
or
Section 35
This term refers to the authority that is conveyed by the actions of the principal in an agency relationship
What is Implied Authority
The direct link between the wrongful act and the harm caused
What is causation?
This option for ending the contract involves an agreement to discharge the existing obligation, and the consideration required to support it.
What is accord and satisfaction?
In Clayton v. North Shore Driving School et al., 2017 BCPC 198 the court found that Clayton did not sufficiently establish reliance on the driving School's skill and judgement, which was a breach of what?
What is Breach of Fitness for Intended Purpose?
or
Section 18 – Implied Conditions as to Quality or Fitness
In this fourfold test to determine whether a worker is an employee or a contractor, one of the tests refers to the idea that the worker's services are a core activity of the employer's operations.
What is Integration?
Under contract law, this term is used to refer to exaggerated or vague statements made by a seller or advertiser