Study 1
A law set down in a government act and passed by legislature.
What is Statute Law!
Damages in excess of those required to compensate the plaintiff for the wrong done, which are imposed in order to punish the defendant because of the particularly wanton or willful nature of their wrongdoing.
What are Punitive or Exemplary Damages.
How many defences are there to a tort?
What is 8.
Denial
Remoteness of damage
Inevitable accident
No Duty Owed
Emergency
Act of God
Voluntary Assumption of Risk
Contributory Negligence
In Quebec, the general duty of care is set out within these articles.
What is Book 5, articles 1457-1481.
A wongdoer, a party guilty of a tort.
What is a tortfeasor.
Failure to use the degree of care expected from a reasonable and prudent person.
What is Negligence!
A person who enters onto premises under contract with the occupier.
What is a Contractual Entrant
Example: Hotel Guest
Rylands vs. Fletcher [1868] developed this legal principle.
What is Strict Liability.
These three (3) elements are required to establish civil liability in Quebec.
Whare are:
Fault on part of the defendnat
Injury or damage suffered by the plaintiff.
Causal link between the fault and the injury/damage.
4-4
The person licensed and authorized or employed to act on behalf of another.
What is an agent.
An unlawful interference of a person's enjoyment and use of their land.
What is Private Nuisance.
A person who wrongfully enters into someone else's land with neither the right nor permission to be there.
What is a Trespasser.
The burden or responsibility of proof.
What is Onus of Proof.
These are 4 defences available for claims of negligence in Quebec.
What are:
Denial
Not endowed with reason
Superior Force
Voluntary Assumption of Risk
5-3
The improper performance of something legal to do.
What is misfeasance.
A contractual agreement whereby one party assumes the liability and risk of another party and indemnifies the other party from having to bear the loss.
What is Hold-Harmless and Indemnity Provisions.
With respect to Occupier's Duty of Care, there are four main categories of entrants, as developed in law.
What are: TICL
Trespasser
Invitee
Contractual Entrant
Licensee
There are two (2) requirements for res ipsa loquitur.
What are:
1) The thing that caused the loss must have been within the exclusive control of the defendant
2) The thing that caused the loss could not have happened without negligence.
Ex. Falling from an open window space - could only be from lack of care.
This Article sets out that a person must be reasonably endowed with reason to be liable.
5-5
What is the general limitation period in Canadian common-law.
What is 2 years.
The common law system consists of both...
What is case law precedent and statute law.
The party who brings a legal action against another.
What is a Plaintiff.
Common law doctrine dealing with animals.
What is the doctrine of Scienter.
This is the general Limitation Period in Quebec.
What is 3 years.
5-11
This outlines the responsibilities between a landlord and the lessee.
What is a lease agreement/contract.