CAIB 3 - Chapter 1 - Commercial Liability

What are the 3 types of damages the courts may award?

-Compensatory Damages
-Exemplary or Punitive damage
-Nominal Damages

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What is a Tort?

A wrong or injustice

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What is statute law?

The written law

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What are compensatory damages for?

intended to compensate the injured party for bodily injury or property damage sustained.

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What are general damages?

damages which cannot be exactly determined in monetary terms.

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General damages are awarded for items such as

-pain & suffering
-humiliation
-embarrassment
-loss of services
-inconvenience
-disfigurement
-permanency
-future earnings
-future care

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What are special damages?

damages which can be measured as to amount and are often referred to as out of pocket expenses

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How is property damage measured?

-the difference in value of tangible property before and after damage
-actual losses incurred as result of loss of use of tangible property

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Identify the two main bodies of law relating to both Criminal and Civil Matters

Common & Statue Law

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Identify the two kinds of wrongs falling within tort law for which compensation may be provided by the courts

Intentional & unintentional

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What is a criminal wrong?

one which is considered harmful to the state

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What is the primary focus of criminal law?

punishing the person(s) responsible for the crime

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What is civil Law?

is the body of law concerned with civil or private rights

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What is the primary role of tort law?

to enable victims to obtain compensation for their loss from those that caused it.

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Who is a tort feasor?

the person responsible for the wrong

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What is an example of intentional wrongs?

-assault
-conversion of goods
-deceit

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What is an example of an unintentional tort?

carless or negligent conduct

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What is a breach of contract?

failure, without legal excuse, to preform any promise which forms the whole or part of the contract

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What is the rule of precedent?

The custom of standing by previous decisions

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What punitive sanctions are used to enforce rules?

-fines
-penalties
-community service
-imprisonment

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When there is a breach of contract what four options does the court have?

-award damages
-enforce specific performance
-grant injection to prohibit or enforce certain acts
-permit rescission of the contract

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What is the purpose of awarding payment for damages when there is a breach of contract?

-to compensate for the failure to preform
-not to punish

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What is rescission of a contract?

to void contract, and return parties to their pre-contract position

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True or False
Invading rights of others is a legal wrong

true

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True or False
Criminal wrongs are harmful to the state

True

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True or False
criminal wrongs are outlined in the Canadian criminal code

true

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True or False
There is no duty on the state to pursue people who commit criminal wrongs

false

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True or False
Civil law deals with private rights and remedies

true

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True or False
when private rights are breached it is up to plaintiffs to launch court actions

true

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True or False
civil law deals with tort law and contract law

true

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State the primary purpose of tort law

to provide compensation to plaintiffs

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Provide a example of breach of contract

hire a contractor to build you a house and they never show up

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Are the rules of precedent subject to change?

yes, sometimes what made sense in the past no longer makes sense

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What are compensatory damages?

are awarded by courts to compensate plaintiffs

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what is the purpose of exemplary or punitive damages?

punish defendants

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When may courts award nominal damages?

when cases are brought on questions of principals and plaintiffs have not suffered any damages