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Questions and Answers
What is a key characteristic of strict liability torts?
What is a key characteristic of strict liability torts?
What are the special damages meant to compensate?
What are the special damages meant to compensate?
Which factor is NOT relevant when considering whether something constitutes nuisance?
Which factor is NOT relevant when considering whether something constitutes nuisance?
What can be a valid defense against a negligence claim?
What can be a valid defense against a negligence claim?
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What is a characteristic feature of intentional torts?
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?
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?
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?
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?
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?
What is one of the essential elements of contract formation?
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Which circumstance can prevent the formation of a contract?
Which circumstance can prevent the formation of a contract?
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What does consideration in contract law refer to?
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?
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?
What is an enforceable promise without consideration known as?
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What is the primary function of a tort?
What is the primary function of a tort?
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Which court is the highest in the Canadian judicial system?
Which court is the highest in the Canadian judicial system?
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Which of the following best describes 'occupiers' duty of care'?
Which of the following best describes 'occupiers' duty of care'?
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In contract law, what is meant by 'barriers to contracting'?
In contract law, what is meant by 'barriers to contracting'?
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Which statement best reflects strict liability torts?
Which statement best reflects strict liability torts?
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Minimally, what is required for a contract to be considered valid?
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?
Which of the following is NOT a component of tort law?
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In legal terms, what does 'liability' refer to?
In legal terms, what does 'liability' refer to?
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What is a breach of contract?
What is a breach of contract?
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Which of the following are considered contract terms?
Which of the following are considered contract terms?
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Which of the following best describes express terms in a contract?
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?
What are the potential remedies for a breach of contract?
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What does the term 'standard form agreements' refer to?
What does the term 'standard form agreements' refer to?
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Which of the following can affect the enforceability of a promise?
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.
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.
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.
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.
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.
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.
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.
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.
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.
The tourism sector does not include restaurants.
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Visitors in tourism can be either residents or non-residents.
Visitors in tourism can be either residents or non-residents.
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Tourism is defined solely by the income generated for businesses.
Tourism is defined solely by the income generated for businesses.
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The hospitality and tourism sector includes casinos.
The hospitality and tourism sector includes casinos.
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The definition of tourism restricts visitors to only those traveling for business.
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?
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?
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?
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?
What is a common reason for defining the scope of tourism as broad?
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What differentiates public law from private law?
What differentiates public law from private law?
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Which of the following is a source of law in Canada?
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)?
Which statement accurately reflects the role of the Canadian Food Inspection Agency (CFIAA)?
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Which of the following best defines law?
Which of the following best defines law?
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What is the primary focus of the FDA compared to the SFCA?
What is the primary focus of the FDA compared to the SFCA?
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Tourism encompasses which of the following components?
Tourism encompasses which of the following components?
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How is a tourist commonly defined?
How is a tourist commonly defined?
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Which of the following activities would NOT typically be associated with tourism?
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?
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?
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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