the term for a legal responsibility which falls upon persons because of their actions or arising from their ownership or use of something?
Liability
100
was greatly influenced by the Customs of Paris and the Napoleonic Code
What is the Civil Code of Quebec?
100
a mythical creature of the law whose conduct is the standard by which the Courts measure the conduct of all other persons and find it to be proper or improper in particular circumstances as they may exist from time to time.
What is a reasonable person?
100
a person who enters onto the premises with permission when the occupier has some financial or other material interest in the matter.
What is an invitee?
100
"to him that is willing, there is no injury"
What is volenti non fit injuria?
200
three categories used to classify the way in which the law imposes liability?
Nuisance, breach of contract, negligence
200
highest court in Canada
What is the Supreme Court of Canada?
200
the person who has the immediate supervision and control of the premises and the power to admit and exclude the entry of others
Who is an occupier?
200
a hotel guest or theatre patron
What is an example of a contractual entrant?
200
allows the amount of damages to be reduced by the percentage of blame assigned to the plaintiff
What is contributory negligence?
300
an act against society which is prohibited by the Criminal Code of Canada
What is a crime?
300
the method by which courts are guided in making a decision on a case in dispute, by referring to a similar fact case from a higher court that was decided in the past
What four categories of persons in common law might enter premises?
300
Blyth v. Birmingham Water Works
Which case provided the definition of negligence?
300
a legal time period in which a legal action may be taken by the offended party
What is a limitation period?
400
is a civil wrong or injury other than breach of contract, courts will permit action and award compensation
What is a tort?
400
case law and statute law.
What types of law comprise the common law system?
400
an uninterrupted unfolding of events without the intervention of another main cause from the initial act to the conclusion
What is proximate cause?
400
the omission to do something which a reasonable person, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable person would not do.
What is negligence?
400
Rylands v. Fletcher (1868)
Which court case introduced the doctrine of strict liability?
500
when one party of the contract fails to observe its obligations
What is a breach of contract?
500
military, postal service, foreign relations and currency
What are some areas of federal jurisdiction?
500
specials and generals
What are the two main categories of damages?
500
a duty of care exists, breach of that duty occurred and a causal relationship between the breach and damages is shown
What three elements must be present to establish a cause of action for negligence?
500
defendants must prove that their actions were not the immediate and effective cause of the plaintiff's injuries or damages