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Questions and Answers
What is a key characteristic of strict liability torts?
What are the special damages meant to compensate?
Which factor is NOT relevant when considering whether something constitutes nuisance?
What can be a valid defense against a negligence claim?
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What is a characteristic feature of intentional torts?
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What principle applies when an employer is held liable for the torts committed by an employee?
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In the context of torts, which term describes the unlawful interference with another person's property?
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Which of these refers to torts that arise from a person's actions, regardless of intent?
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Which tort type includes situations where harm results from actions taken without intent to cause damage?
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What is one of the essential elements of contract formation?
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Which circumstance can prevent the formation of a contract?
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What does consideration in contract law refer to?
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Which of the following could be an example of duress in contract law?
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What is an enforceable promise without consideration known as?
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What is the primary function of a tort?
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Which court is the highest in the Canadian judicial system?
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Which of the following best describes 'occupiers' duty of care'?
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In contract law, what is meant by 'barriers to contracting'?
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Which statement best reflects strict liability torts?
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Minimally, what is required for a contract to be considered valid?
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Which of the following is NOT a component of tort law?
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In legal terms, what does 'liability' refer to?
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What is a breach of contract?
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Which of the following are considered contract terms?
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Which of the following best describes express terms in a contract?
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What are the potential remedies for a breach of contract?
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What does the term 'standard form agreements' refer to?
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Which of the following can affect the enforceability of a promise?
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Each province and territory in Canada has its own Court of Appeal.
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Trial judges determine the outcome of disputes by applying law to facts.
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Inferior Courts in Canada are considered to have higher authority than Superior Courts.
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Tourism only involves the movement of people for personal purposes.
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A person is categorized as a tourist if they travel at least 80 km from home for at least 24 hours.
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The hospitality and tourism sector encompasses various types of businesses including hotels and restaurants.
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Tourism is solely about visitors' movements and does not involve expenditure.
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A tourist is someone who travels at least 80 km from home for at least 24 hours.
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The tourism sector does not include restaurants.
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Visitors in tourism can be either residents or non-residents.
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Tourism is defined solely by the income generated for businesses.
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The hospitality and tourism sector includes casinos.
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The definition of tourism restricts visitors to only those traveling for business.
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What term is used to describe individuals who visit a destination for a day without overnight stay?
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What aspect does tourism encompass beyond the movement of people?
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Which of the following does NOT fall under the umbrella of the hospitality and tourism sector?
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What is a common reason for defining the scope of tourism as broad?
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What differentiates public law from private law?
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Which of the following is a source of law in Canada?
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Which statement accurately reflects the role of the Canadian Food Inspection Agency (CFIAA)?
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Which of the following best defines law?
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What is the primary focus of the FDA compared to the SFCA?
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Tourism encompasses which of the following components?
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How is a tourist commonly defined?
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Which of the following activities would NOT typically be associated with tourism?
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What is one of the primary obligations in the hospitality and tourism sector?
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Which statement accurately reflects the scope of tourism?
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Study Notes
Negligence
- Defined as a careless act; intent of the action is irrelevant.
- Rests on common law principles.
- To establish negligence, a claimant must demonstrate: duty of care, breach of reasonable standard of care, and causation.
- Key case: Donoghue v Stevenson, famously known as the "snail in the bottle" case.
Defences to Negligence
- Contributory negligence: partial responsibility of the claimant can reduce damages.
- Voluntary assumption of risk: typically proven through waiver signatures.
- Remoteness: refers to the foreseeability of harm.
Nuisance
- Encapsulates issues such as physical damage, offensive odor, or noise.
- Factors in determining nuisance include: time, intensity, duration, nature of the neighborhood, motivation, and resulting physical damage.
Strict Liability Torts
- Liability can be imposed even without intent or negligence for activities involving dangerous objects or animals.
- Significantly influenced by the precedent set in Rylands v Fletcher.
Occupiers’ Statutory Duty of Care
- Duty of care is defined broadly for "occupiers" of premises.
- Key exceptions: independent contractor negligence, trespassers, participants in free recreational activities, and cases lacking occupier intent or recklessness.
Remedies for Torts
- Awards of damages aim to restore the affected party to their prior position.
- Categories of damages include: special damages, general damages, aggravated and punitive damages, and injunctions.
Types of Torts
- Torts fall into several categories: intentional, negligence, nuisance, strict liability, and statutory torts.
- New torts may be introduced to address societal changes.
Vicarious Liability
- Employers are liable for torts committed by employees during the scope of their employment, regardless of employer wrongdoing.
- Example case: Bazley v Curry regarding a residential care facility.
Intentional Torts
- Defined by the intent of the party to commit the act or cause consequences, including: battery, trespass to land, and invasion of privacy.
- Battery involves intentional and offensive physical contact.
- Trespass to land refers to wrongful interference with property.
- Invasion of privacy must occur without lawful justification and cause significant distress.
Defences to Intentional Torts
- Partial defence: provocation.
- Complete defences: consent, legal authority, self-defence, necessity.
Court System and Judiciary
- Authority is divided between Parliament and provincial legislatures.
- Hierarchical court structure: Supreme Court (highest), Courts of Appeal (federal and provincial), and Trial Courts (various jurisdictions).
Judiciary Functions
- Trial judges determine facts based on evidence and apply relevant law to resolve disputes.
Legal Question Analysis
- Essential questions include: what has happened, what legal issues arise, and what is the relevant legal standard for liability.
Nature of Torts and Contracts
- Torts as a branch of private law govern personal and corporate conduct and address rights, duties, and liabilities between parties.
Contracts
- Contracts represent reciprocal rights and duties voluntarily agreed upon, including essential elements: mutual intention, offer and acceptance, and consideration.
Barriers to Contracting
- Contracts may not be formed under circumstances such as incapacity, absence of writing, mistake, and protection of weaker parties against duress or unconscionable transactions.
Enforceable Promises Without Consideration
- Promises under seal confirm binding agreements.
- Promissory estoppel requires: a promise made, reliance by the promisee, lack of inequitable behaviour, and potential unfairness in retracting the promise.
Court System and the Judiciary
- Authority in Canada is divided between Parliament and provincial legislatures, with a structure comprising Superior Courts, Inferior Courts, and Tribunals.
- The Supreme Court is the highest court in Canada and does not conduct trials.
- Each province and territory has its own Court of Appeal, while Trial Courts exist in every province and territory.
- Trial judges determine the outcome of disputes by assessing evidence and applying the law.
Legal Question Analysis
- Address relevant facts and identify applicable legislation or regulation.
- Determine whether the matter is federal or provincial and justify the reasoning.
- Analyze the language of the legislation and apply the law to the given facts to reach a well-explained decision.
Definition of Tourism
- The UNWTO defines tourism as a social, cultural, and economic phenomenon involving the movement of people outside their usual environment for business or personal purposes.
- Visitors can be categorized as either tourists or excursionists, encompassing residents and non-residents, with activities often involving tourism expenditure.
Excursionist and Tourist Definitions
- Excursionists are same-day visitors who do not stay overnight, engaging in activities such as sightseeing or dining.
- A tourist is defined as someone traveling at least 80 km from home for a minimum of 24 hours for various purposes, reinforcing that tourism encompasses a wide range of activities and sectors.
Overview of the Hospitality and Tourism Sector
- This sector includes hotels, restaurants, nightclubs, VRBO/Airbnb, casinos, and tour operators, emphasizing the rights and obligations of customers and participants.
- There are extensive statutory and regulatory requirements within the sector.
Torts in Law
- Torts govern personal conduct and corporate behavior, focusing on the rights, duties, and liabilities of individuals toward each other rather than towards the state.
- A tort is a breach of legal duty that leads to compensatory action for those harmed by unacceptable conduct.
Negligence
- Defined as a careless act where intent is not a factor; established through common law.
- To prove negligence, three elements must be demonstrated: duty of care, breach of a reasonable standard of care, and causation.
- Common defenses against negligence include contributory negligence, voluntary assumption of risk, and remoteness.
Nuisance
- Nuisance can range from causing physical damage to creating offensive sounds or odors.
- Factors that are considered include the time, intensity, and duration of the activity, the nature of the neighborhood, motivation behind the activity, and any resulting physical damage.
Strict Liability Torts
- Imposes liability even without negligence or intent, particularly relevant in cases involving dangerous animals or substances, as illustrated by the principle in Rylands v. Fletcher.
Occupiers' Statutory Duty of Care
- Occupiers of premises have a statutory duty of care, with certain exceptions including negligence by independent contractors and trespassers.
- The duty does not apply to recreational activities on premises without an entry fee, nor when the occupier did not create danger intentionally or recklessly.
Remedies in Tort Law
- Remedies aim to return the harmed party to their prior state, categorized into special damages, general damages, aggravated and punitive damages, and injunctions.
Definition of Tourism
- Defined by UNWTO as the movement of people to places outside their usual environment for personal or professional reasons.
- Visitors may include tourists, excursionists, residents, or non-residents.
- Tourism encompasses a broad range of activities and services beyond just the movement of people.
Excursionists and Tourists
- Excursionists are same-day visitors, often termed "day trippers," who do not stay overnight.
- A tourist is defined as someone traveling at least 80 km from home for at least 24 hours for business, leisure, or other reasons.
- Three classes of tourists:
- Domestic: Residents traveling within their country.
- Inbound: Non-residents visiting a country.
- Outbound: Residents traveling to another country.
Hospitality and Tourism Sector
- Comprises hotels, restaurants, nightclubs, vacation rentals (VRBO/Airbnb), casinos, and tourism operators.
- Includes rights and obligations for customers and businesses, alongside extensive statutory and regulatory requirements.
Food Safety Legislation
- The Canadian Food Inspection Agency Act (CFIAA) streamlined food inspection to enhance consumer protection and ensure consistent safety standards.
- Food and Drug Act (FDA) prohibits sale of food under unsanitary conditions and ensures food safety.
- Safe Food for Canadians Act (SFCA) regulates the importation of food complying with FDA stipulations.
Law Overview
- Law consists of enforceable rules that govern relationships among individuals, organizations, and governments.
- Enforceability distinguishes law from moral and ethical standards.
Types of Law
- Public Law includes statutes like the Criminal Code and Income Tax Act, dealing with society as a whole.
- Private Law encompasses contracts, property ownership, and damages, where breaches can lead to compensation claims rather than prosecution.
Sources of Law
- Constitutional Statutes: Constitution Act of 1867 and Constitution Act of 1982.
- Legislation: Laws created by legislative bodies.
- Common Law: A system based on precedents, shaping legal standards and rulings.
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