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Legal Liabily

P&C, Alberta Insurance General

QuestionAnswer
What are the two legal systems of law in Canada Criminal and Civil Laws
Private Law is also known as Civil Law
Deals with wrongs against Society Criminal Law
Statute in the Criminal code? it defines the rules that enforces the system of punishment
Happening of violating society's laws Prosecute under the Criminal law for punishment that is generally limited to imprisonment, fines, probation, and penalties
Laws that are insurable? Only Civil laws
Settling disputes amongst individuals/legal entities Civil Law
Will provide a ruling in accordance of the dispute between parties within accordance with the legal principals Civil court
Party whom seeks financial compensation in a civil action To the wronged/injured party
Interpretative by Common Law/Civil Code and Statutue Law Civil Law
Civil Code Interpretation of Civil Law only within Quebec that uses a means of codified articles to render a decision
.... are not bounded by ..... ....., however their judgements are influenced thus render by them Judges are not bounded by Case Law
The law is not concerned with financial reimbursement Criminal Law seek this
The law is concerned with determining guilt Criminal Law
Lays out guideline for judges to interpret and use in their decisions The Code
Derived from bills in Parliament and the Legislative assembles Statute Law is written laws passed
Branches of civil law Contract Law and Tort Law
The law is not concerned with determining guilt Civil Law
To stand by decisions and not disturb the undisturbed Stare Decisis
Abide by precedence and not disturb settled matters Legal context of Stare Decisis
Rule establish in previous legal case Precedents or authority
Binding on or persuasive when deciding subsequent cases with similar issues or facts Courts or other tribunals are to adhere to this
Third kind of Law Common law precedent
Legally enforceable agreement between two or more parties Contract Law
Private, Civil Wrong or Injury Definition of tort
Courts provides a remedy or damages from actions
Other then a breach of contract is what kind of law Tort law
Person whom commits a wrong against an innocent party Tortfeasor
Peoples responsible Their own tort
Elements of tort Duty owed; Duty breached; Proximate cost as a result of defends actions
Duty owed The law assume people have a right not to be harmed
Duty breached Evidence of breach of legal duty owed is necessary is every tort action
Damages suffered as proximate result Of defendants actions which will only be successful and the defendant only labile for the cost
Unintentional Tort Classification that is insurable by law
Intentional Tort Classification that is not insurable by law
___ have to be proven for a tort Negligence
All elements of tort Must be present
Negligence Must be foreseenabe
They cause injury or damage by doing something, which a reasonable person would not have done, or fails what a reasonable person would have done Negligence defined
Cannot set traps nor intentionally harm him or her Duty owed to a thespasser; on premise
Make premise safe whatsoever Duty owed to children; on premise
Is not obligated to make premise safe, however obligated to warn of any hazards that has been introduced to the premise Duty owed to licensee; on premise
Must not only protect them from danger, but also against those which with reasonable care he or she would discover Duty owed by invitee; on premise
Children on premise Under 21 and lacks the mature judgement needed to avoid risk and therefore need to be protected
The actual use to which the property is put to use; the maintenance of buildings and occupiers strictly liable for escape of dangerous things Legal duty owed to persons off premises
Created by: 100008821664193