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18 Cards in this Set
- Front
- Back
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Civil law |
The body of law concerned with civil rights and remedies |
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Criminal law |
Deals with crimes against society |
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Tort |
A civil wrongdoing, other than a breach of contract, for which a court will provide remedy in the form of damages |
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Breach of contract |
The failure, without legal excuse, to perform in whole or part of a legal contract. |
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Rule of precedent |
Current court cases must follow decisions in those which had similar circumstances |
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Statute law |
Written law in provincial or federal legislation which supercedes common law |
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Damages |
Compensation in money for losses suffered |
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Compensatory damages |
Damages awarded to compensate for bodily injury or property damaged sustained |
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General damages |
Damages which cannot be exactly determined in monetary terms but the court feels are necessary to compensate the victim fairly. |
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Special damages |
Can be measured to an amount and are often referred to as out of pocket expenses. |
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Exemplary or punitive damages |
Intended to punish defendant or make an example out of them |
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Nominal damages |
Damages awarded when no substantial loss was suffered but the court wishes to validate the plaintiff's claim. |
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Doctrine of negligence |
based on the duty of all persons to exercise due care intheir conduct towards others from which injury may result. |
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Negligence |
The failure to do something which a reasonable man, guided by ordinary considerations would do; or the doing of something which a reasonable and prudent man would not do. |
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Strict liability |
Doctrine based on the assumption that certain activities are so hazardous that in the event an injury arises from them, the person conducting the activity will be presumed liable. |
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Occupier |
A person who has immediate supervision and control of the premises and the power to admit and exclude others. |
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Nuisance |
Everything that endangers health and life, gives offence to the senses, violates the laws of decency, or obstructs reasonable and comfortable use of the property. |
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Trespass |
An unlawful interference with one's person, property or rights. |
