Constitutional
What is the supreme law of Canada?
The Constitution
What is a more common term for "real property"?
What is a tort?
A civil wrong
You have a contract for commercial sale of goods amounting $2000. A third party offers you $2200 for the goods, and you sell the goods to them instead. What sum of damages do you owe the original buyer?
$200
What laws must a bank follow if it operates an investment subsidiary?
Provincial securities law
What test is used to determine whether a Charter breach is justified?
The Oakes test
Which type of estate has the largest interest in the common law system?
Fee simple
What is the most common remedy for a tort?
Damages (money)
What is the most common remedy for breach of contract?
Damages (money)
What does s 24(2) of the Children Law Reform Act say the courts must consider when determining one's ability to act as a parent?
Abuse
What does the Charter protect individuals and groups from?
State action
What is it called when you enter my land without my permission?
Trespass
What are the two theories underpinning tort law?
Morality and efficiency
What is a non-enforceable promise?
A gift
What is the maxim which says that an agreement has to involve an exchange of value, but it does not have to be a fair exchange?
The peppercorn principle
What is the condition on sale of land which is confirmed to have an Aboriginal title claim?
It must be sold to the Crown
What is the term which indicates the taking away or or transfer of the right of ownership?
Alienation
What are the two purposes of tort law?
Compensation and deterrence
What is required for a promise to become a binding contract?
Consideration
This 2014 decision was the first time the Supreme Court declared an Aboriginal group held title in a Section 35 case. What was the name of the case?
Tsilhqot'in Nation v. BC
What is the term which indicates that a law is empowered under both the provincial and federal powers?
Double aspect
Which courts can contemporaneously enforce equitable interests?
All courts
What is the standard of care that of?
The reasonable person
What are 4 of the 6 possible elements of a contract?
Offer; acceptance; consideration; mutuality of obligation; competency and capacity; a written instrument
What are extravagant claims not taken literally, which will merit no compensation if a consumer relies on these statements?
Mere puffery