CAIB 3 - Chapter 1

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Questions and Answers

What is the primary focus of Criminal Law?

  • To compensate victims
  • To provide legal advice
  • To punish the offender (correct)
  • To create new laws

Civil Law is primarily concerned with punitive measures against wrongdoers.

False (B)

What is the role of Tort Law?

To enable victims to obtain compensation for loss.

In Tort Law, intentional wrongs include assault and __________.

<p>deceit</p> Signup and view all the answers

Which type of tort results from careless or negligent conduct?

<p>Unintentional Torts (D)</p> Signup and view all the answers

Statute Law can supersede or amend Common Law.

<p>True (A)</p> Signup and view all the answers

In what province in Canada does Common Law not apply?

<p>Quebec</p> Signup and view all the answers

What is the primary focus of the Forgetting Curve?

<p>Loss of learned information over time (C)</p> Signup and view all the answers

The forgetting curve was developed by Hermann Ebbinghaus.

<p>True (A)</p> Signup and view all the answers

What should students do at home according to the course expectations?

<p>Study the textbook and review material.</p> Signup and view all the answers

In Canada, individuals have a legal right to personal __________.

<p>Privacy</p> Signup and view all the answers

Which of the following is NOT a legal right of Canadians?

<p>Right to free speech (D)</p> Signup and view all the answers

An act of tort can result in imprisonment for the tortfeasor.

<p>False (B)</p> Signup and view all the answers

What is one example of a criminal act mentioned in the content?

<p>Murder</p> Signup and view all the answers

What is meant by strict liability?

<p>Liability not dependent on actual negligence or intent (D)</p> Signup and view all the answers

Occupiers of property are not responsible for injuries caused by the condition of their premises.

<p>False (B)</p> Signup and view all the answers

Name one type of activity that imposes strict liability.

<p>Setting off explosives</p> Signup and view all the answers

Under common law, individuals performing _____ work may be held strictly liable for damages.

<p>dangerous</p> Signup and view all the answers

Which of the following is NOT a type of liability exposure mentioned?

<p>Duty owed in contract disputes (D)</p> Signup and view all the answers

Under statute law, a person may face imprisonment or fines for breaching strict liability.

<p>True (A)</p> Signup and view all the answers

What is the rationale behind strict liability?

<p>To place greater onus on the negligent party</p> Signup and view all the answers

What was the main issue in the Donoghue vs. Stevenson case in 1932?

<p>Donoghue became ill from consuming food containing a snail. (C)</p> Signup and view all the answers

Sellers are considered experts regarding the properties of the articles they sell.

<p>True (A)</p> Signup and view all the answers

What is one duty of manufacturers regarding product defects?

<p>Manufacturers are liable for all product defects.</p> Signup and view all the answers

Completed operations liability claims can arise when a defect causes harm that occurred ______ from the premises of the business.

<p>away</p> Signup and view all the answers

Which of the following is NOT a basis for claims arising from completed operations?

<p>Selling low-quality products. (C)</p> Signup and view all the answers

In the Donoghue vs. Stevenson case, the shopkeeper was found to be negligent.

<p>False (B)</p> Signup and view all the answers

What is one responsibility of sellers when marketing their products?

<p>Expected to tell the truth about the articles.</p> Signup and view all the answers

What does contractual liability refer to?

<p>Liability assumed under contract (C)</p> Signup and view all the answers

Pollution liability exposure refers to personal injuries caused by environmental contaminants.

<p>False (B)</p> Signup and view all the answers

Name one type of business that may require incidental medical malpractice insurance.

<p>Doctor's office</p> Signup and view all the answers

Civil law encompasses various legal frameworks, including __________ law.

<p>statute</p> Signup and view all the answers

Which of the following is an example of special damages?

<p>Reimbursement for medical bills (D)</p> Signup and view all the answers

Nominal damages are awarded only when there is a breach of contract without financial loss.

<p>True (A)</p> Signup and view all the answers

What is the definition of strict liability?

<p>Liability that does not depend on actual negligence or intent to harm.</p> Signup and view all the answers

Flashcards

Virtual Classroom

Online learning environment with audio tools, polls, quizzes, and interactive features.

Student Portal

Online access point for course materials, assessments, and help resources.

Forgetting Curve

Memory decline over time, requiring review to retain information.

Spaced Repetition

Reviewing material at increasing intervals to improve memory.

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Criminal Liability

Legal responsibility for actions harmful to society.

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Civil Law

Focuses on compensation for private wrongs, not harming state.

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Tort Law

Civil law dealing with civil wrongs.

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Contract Law

Deals with agreements and their breaches.

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Common Law

Judge-made law based on past decisions.

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Statute Law

Written laws passed by a government body.

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Strict Liability

Responsibility for harm regardless of intent.

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Negligence

Failure to take proper care that leads to harm.

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General Damages

Non-monetary compensation for pain and suffering.

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Special Damages

Quantifiable monetary losses, like medical bills.

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Completed Operations Liability

Liability for post-completion problems caused by a business.

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Personal Injury Liability

Liability for harm caused by business operations.

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Manufacturer's Duty

Ensuring product safety from defects.

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Seller's Duty

Providing honest product information.

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Occupier's Liability

Responsibility for safety of people on their land.

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Breach of Contract

Failure to fulfill promises in a contract.

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Study Notes

The Virtual Classroom

  • Engage using audio tools and test functionalities, such as raising hands and accessing materials.
  • Participate in polls and quizzes for a deeper learning experience.
  • Utilize breaks effectively for better focus and retention.
  • Always ask questions, whether audibly or via chat for clarification and understanding.

The Student Portal

  • Sign in to access various resources, including tutorials and help links.
  • Familiarize with quizzes, midterm, and practice final assessments.
  • Use graphic organizers to visually arrange complex information.

The Forgetting Curve

  • Concept introduced by Hermann Ebbinghaus, illustrating the decline of memory retention over time.
  • Active review and study are essential to combat memory loss; spaced repetition improves retention.
  • Plan exam schedules with the forgetting curve in mind; greater intervals can lead to more forgetting.

Course Expectations

  • Students should articulate personal expectations and previous studying experiences in chat discussions.
  • Emphasis on personal responsibility for learning through continuous review and inquiry outside class.

Criminal Liability

  • Distinctions between criminal law (harmful to the state) and civil law (compensating victims).
  • Legal rights in Canada include equality, privacy, property rights, and protection from physical harm.
  • Criminal law focuses on punishment and agency of the state, while civil law centers on victim compensation.

Tort Law and Contract Law

  • Tort defined as a civil wrong, enabling victims to seek damages.
  • Categories of tort: intentional (e.g., assault) and unintentional (e.g., negligence).
  • Breach of contract involves failure to fulfill contractual obligations, leading to legal remedies.

The Law - Establishment

  • Common Law operates through judge-made law, emphasizing past decisions (precedents).
  • Statute Law consists of legislated, written laws implemented by government bodies, superseding common law.

Commercial and Business Liability Exposure

  • Strict liability imposes accountability without needing proof of negligence.
  • Occupiers of land/businesses are liable for injuries on their premises, considering both conditions and operations.

Duties in Commercial Contexts

  • Manufacturers must ensure product safety, or they may be liable for defects.
  • Sellers are expected to provide truthful representations regarding their products.

Types of Liability Exposure

  • Completed operations liability arises when work performed by a business causes damage after completion.
  • Personal injury liability concerns claims that arise from business operations affecting public safety.

Key Terms

  • Civil Law: Focuses on compensating victims for private wrongs.
  • Tort: Civil wrong causing harm leading to a legal remedy.
  • Statute Law: Legislation created by government bodies.
  • Negligence: Failure to exercise appropriate care leading to damage.
  • Strict Liability: Accountability without intent or negligence required.

Understanding Damages

  • General vs. Special Damages:
    • General damages compensate for non-economic losses (e.g., pain and suffering).
    • Special damages refer to quantifiable expenses (e.g., medical bills).

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