General Civil Law
What is the main purpose of civil law?
To compensate victims for injury or loss.
What is tort law?
A wrong that causes harm to a person/ property for which the law provides remedies
What are the elements of a contract?
Offer, acceptance, consideration
What is the minimum age for marriage in Canada?
16
How many days notice is your employer required to give you before termination?
2 weeks
What type of remedy requires the defendant to complete their part of a contract?
Specific performance
What must a plaintiff prove to win a negligence case? List and explain
Duty of care – the defendant had legal obligation to avoid careless actions that could cause harm to someone
Standard of care – the defendant had an expected level of care & did not take all reasonable steps to prevent plaintiff’s injury
Causation – the defendant’s actions, not some other factor, really caused the plaintiff injury
Damages – the plaintiff actually suffered some real harm/injury that must be compensated with money
What is a breach of contract?
One party failing to fulfil obligations agreed upon in the contract
What is the federal government in charge of and what is the provincial government in charge of when it comes to marriage?
The federal government has broad legislative responsibility for divorce and for aspects of capacity to marry or who can legally marry whom.
The provinces are responsible for laws about the solemnization (ceremony) of marriage.
What is the rule for breaks?
You are entitled to and shall be granted an unpaid break of at least 30 minutes during every period of 5 consecutive hours of work. If your employer requires you to be at their disposal during the break period, the employee must be paid for the break.
What is duty of care and what is the main concept of duty of care?
The responsibility that one has to not harm others. Main concept is foreseeability
What is the difference between special, nominal and punitive damages?
Specific damages: The defendant must pay for the plaintiff’s out-of-pocket expenses related to the harm the defendant caused e.g. physiotherapy, medicine, repairs, etc.
Punitive Damages: The defendant pays money as a punishment for the harm they did (i.e. their bad behaviour)
Nominal Damages: The plaintiff only wants acknowledgement that they are right and the defendant is wrong
What is capacity to contract (include the key term)?
Not all individuals are legally entitled to enter into contractual agreements.
A diminished capacity to contract is applied to:
minors (those below 18 years of age)
persons with mental disability and
intoxicated persons
When is parental consent required for marriage?
Parental consent must be provided when one or both spouses are between 16 years old and the age of majority of the province or territory where the marriage took place
What is the current minimum wage in Ontario?
Minimum wage - $17.20 per hour
student minimum wage - $16.20 per hour
What are the key differences between a criminal and a civil trial in terms of burden of proof and outcomes?
In a criminal trial, the burden of proof is beyond a reasonable doubt, and the outcome involves guilt or innocence and sentencing. In a civil trial, the burden of proof is a balance of probabilities, and the outcome is determining liability and awarding damages.
List, explain, and give an example of the different types of liability?
1. The owner is liable for damages that result from the negligent behaviour of whoever drives the owner’s car.
2. Vicarious Liability: the court finds one person liable for damages in tort law even though that person did not cause the plaintiff’s injury.
3. Occupier’s Liability: People who own or occupy a property have a duty to maintain their property so that no one entering the premises is injured.
4. Professional Negligence: Carelessness by someone with specialized training, who has a higher standard of care for their clients
5. Host Liability: People who serve alcohol to guests are legally known as hosts (ex. Owners of bars or restaurants or serving to guests at home). They have a duty of care to their patrons and to anyone who may be injured by a patron whose negligent driving.
If a breach of contract occurs, what remedies can the court use?
award damages to the injured party, although it is the obligation of the injured party to attempt to lessen or mitigate any damages where possible (the most common result)
order specific performance, whereby the court may order completion of an original contract
order an injunction, compelling a party to do, or not to do, some particular action associated with the contract.
What is prohibited in terms of marriage in Canada?
The federal Marriage (Prohibited Degrees) Act prohibits marriage between persons related lineally by consanguinity or adoption, and between siblings, whether brother and sister by whole blood (same parents), half-blood (one common parent) or by adoption + Polygamous marriages
Give me two examples of possible deductions on a pay cheque
1. Taxes
2. Union Dues
What is the difference between pecuniary and non-pecuniary general damages?
Pecuniary damages are for financial losses (e.g., loss of future income), while non-pecuniary damages are for non-monetary losses (e.g., pain, loss of loved ones)
List and give an example of each type of intentional tort.
1. Assault: Elena bumps into Ann. Ann yells “Do that again and I’ll shove my pocket knife through you”.
2. Battery:Tim pushes Tom off the ski lift after an initial threat. Tom is seriously injured.
3: False Imprisonment: Maggie is held against her will in her office for hours by her client until she was willing to address his concerns to his satisfaction
4. Malicious Prosecution: Lee is arrested and charged with murder even though the police have little evidence connecting her to the crime.
5. Invasion of privacy: Sherry discovers that her landlord secretly videotaped her in the “privacy” of her bedroom and bathroom.
6. Defamation of Character: An online website spread untrue rumours about a celebrity
Under what circumstances can a contract not occur?
misrepresentation - when a statement about a material fact, or key piece of information relating to a contract, is communicated creating a false impression, misrepresentation has occurred and genuine consent has not occurred.
mistake - a contract may be considered invalid in the event that any of three types of mistake occur:
common mistake - both parties to a contract are in error about the same key fact relating to the contract
mutual mistake - both parties to a contract have different understanding of the material subject of the contract
unilateral mistake - whereby one party to a contract makes a mistake which will unfairly advantage the other party to a contract.
duress or undue influence - if threats or violence has influenced a party to the contract, or if a party to the contract has been in any other way improperly pressured into the terms of a contract.
What is the age of majority in each province and territory?
The age of majority is 19 in
British Columbia
Newfoundland
Nova Scotia
Nunavut
the Northwest Territories
the Yukon
The age of majority is 18 in
Alberta
Manitoba
New Brunswick
Ontario
Prince Edward Island
Quebec
Saskatchewan
What are the two reasons for your right to refuse overtime?
You have the right to refuse overtime to carry out family responsibilities related to:
the health or care of any of your family members, or
the education of any of your family members who are less than 18 years of age