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27 Cards in this Set

  • Front
  • Back

Criminal Law

Category of law that deals with wrongs against society. (Reference pg. 4-1)

Civil Law

Law that concerns itself with settling disputes between individuals or other legal entities in matters not involving a criminal act. (Reference pg. 4-1)

Plaintiff

The party making the complaint (suing someone) (Reference pg. 4-1)

Defendant



The party who allegedly committed the wrong. (Reference pg. 4-1)

Tort



A wrong done to another in breach of a duty laid down by law. (Reference pg. 4-3)

Strict Liability


Doctrine in law in which "a person is guilty until proven innocent." (Reference pg. 4-4)

Negligence



The omission to do what a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do. (Reference pg. 4-4)

Special Damages


Damages which can be accurately measured and which are intended to reimburse the plaintiff for out-of-pocket expenses. (Reference 4-7)

General Damages


Damages which cannot be exactly determined but which reflect an amount the court believes necessary to compensate the aggrieved party fairly. (Reference pg. 4-7)

Trespasser



Is one who is on another's premises for his/her own purpose without the express or implied permission of the occupier. Their presence is of no value to the occupier and such persons are viewed as having temporarily appropriated the property for their own use. (Reference pg. 4-11)

Licensee



A licensee is someone who comes onto the premises for his own purpose but with the occupier’s consent OR a licensee is someone who goes upon the lands of another with express or implied invitation to transact business with the owner or occupant or to do some act to his advantage or to the mutual advantage of both the licensee and the owner or occupant. (Reference pg. 4-11)

Invitee



Someone who enters by invitation, be it express or implied. His entry is connected with the owner's business or with an activity the owner conducts or permits to be conducted on his land and there is mutual benefit or benefit to the owner. (Reference pg. 4-12)

Visitor



Classification given to a licensee or invitee under provincial Occupier's Liability Acts. (Reference pg. 4-12)

Joint Liability


When two or three people act together so as to cause injury or damage, they are held to be jointly liable. (Reference pg. 4-14)

Pink Card

In provinces where automobile insurance is provided by private insurers, a PINK CARD is used to provide proof of financial responsibility OR

In provinces having compulsory government insurance plans, the PINK COPY of the certificate of registration serves as proof of financial responsibility. (Reference pg. 6-4)

Facility Association


An insurance pool in which all licensed automobile insurers participate and which provides insurance to those who may be refused insurance by private insurers. (Reference pg. 6-5)

Driver's Abstract



A record of the driver history of the applicant and other drivers which can be obtained from provincial licensing authorities. (Reference pg. 6-7)

Uninsured Automobile


One in which neither the driver nor the owner


has bodily injury liability insurance.

Unidentified Automobile



One in which the identity of either the owner


causes bodily injury or death to an insured person arising out of actual contact of that automobile with the automobile in which the insured is an occupant.

General Average



Designed to provide payment for ocean marine losses voluntarily incurred for the safety of the entire venture. The insurers of the parties whose property was saved shall contribute to the losses of the parties whose property was sacrificed.

Temporary Substitute Automobile


One which is temporarily being used as a substitute for the automobile described on the policy. It qualifies only if the described automobile cannot be used because of its breakdown, repair, servicing, loss, destruction or sale.

Occupant
Any person who drives the automobile OR is being carried on or upon or entering into or leaving the automobile.

Newly Acquired Automobile


One which replaces an automobile described on the policy or is in addition to others owned by the insured which are all insured by the same insurer.

Farming


Ownership, maintenance or use of premises for the production of crops or the raising or care of livestock, including all necessary operations. NOTE: The following could be included in the answer, but is not necessary for marking purposes. Includes the operation of roadside stands and farm markets maintained principally for the sale of the insureds own farm products.

Custom Farming



Use of insured’s farm machinery or equipment for others away from insured’s farm premises for compensation. It does not include work done for others in return for work done by them. (

Residence Employee


Those whose duties are exclusively in connection or maintenance and use of the residence premises. (Reference pg. 5-6)

Farm Employee


Those paid for their work and who are hired on a part time, seasonal or full time basis to perform duties principally connected with farming activities outside the insured's dwelling. or Persons engaged in farm related work on behalf of the insured in a neighbourly exchange of assistance for which the insured is not obliged to pay any money. (Reference pg. 5-6)