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Questions and Answers
What distinguishes law from moral and ethical standards?
What distinguishes law from moral and ethical standards?
Which of the following is an example of public law?
Which of the following is an example of public law?
What may be a consequence of breaching private law?
What may be a consequence of breaching private law?
Which statute transferred control of the constitution from the United Kingdom to Canada?
Which statute transferred control of the constitution from the United Kingdom to Canada?
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What is a primary source of law based on historical precedents?
What is a primary source of law based on historical precedents?
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Which Act includes the Charter of Rights and Freedoms?
Which Act includes the Charter of Rights and Freedoms?
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Which of the following is NOT a categorization of law?
Which of the following is NOT a categorization of law?
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What are laws made by lawmaking bodies referred to as?
What are laws made by lawmaking bodies referred to as?
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What type of legislation is created by the Parliament of Canada and provincial/territorial legislatures?
What type of legislation is created by the Parliament of Canada and provincial/territorial legislatures?
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Which of the following courts is the highest court in Canada?
Which of the following courts is the highest court in Canada?
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What is Common Law primarily characterized by?
What is Common Law primarily characterized by?
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Which of the following statements is true regarding the relationship between Common Law and legislation?
Which of the following statements is true regarding the relationship between Common Law and legislation?
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What distinguishes Trial Courts from the Courts of Appeal in Canada?
What distinguishes Trial Courts from the Courts of Appeal in Canada?
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What type of legislations falls under Subordinate Legislation?
What type of legislations falls under Subordinate Legislation?
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Which body has the authority to change Common Law within its constitutional powers?
Which body has the authority to change Common Law within its constitutional powers?
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Which of the following is not a component of the court system in Canada?
Which of the following is not a component of the court system in Canada?
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What is the primary function of the Courts of Appeal in Canada?
What is the primary function of the Courts of Appeal in Canada?
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Which statement about the court system in Canada is accurate?
Which statement about the court system in Canada is accurate?
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What is subordinate legislation?
What is subordinate legislation?
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What is the primary role of the Supreme Court in Canada?
What is the primary role of the Supreme Court in Canada?
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Which statement is true regarding the court structure in Canada?
Which statement is true regarding the court structure in Canada?
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What is the nature of law derived from statutes?
What is the nature of law derived from statutes?
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Which entity has the authority to change common law?
Which entity has the authority to change common law?
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What is a key characteristic of legislation?
What is a key characteristic of legislation?
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What occurs when a party fails to perform as promised in a contract?
What occurs when a party fails to perform as promised in a contract?
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What are remedies for breach of contract generally categorized into?
What are remedies for breach of contract generally categorized into?
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Which statement best describes a contract?
Which statement best describes a contract?
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Which of the following elements is NOT typically included in the learning outcomes of a chapter on contracts?
Which of the following elements is NOT typically included in the learning outcomes of a chapter on contracts?
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What is the primary definition of tourism according to the UNWTO?
What is the primary definition of tourism according to the UNWTO?
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Which of the following is NOT included in the hospitality and tourism sector?
Which of the following is NOT included in the hospitality and tourism sector?
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Why is tourism considered a significant phenomenon internationally?
Why is tourism considered a significant phenomenon internationally?
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What is a commonly accepted definition of a tourist?
What is a commonly accepted definition of a tourist?
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Which class of tourists includes people traveling within their own country?
Which class of tourists includes people traveling within their own country?
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What does the Food and Drugs Act prohibit regarding food items?
What does the Food and Drugs Act prohibit regarding food items?
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Which Act is at the top of the food legislation in Canada?
Which Act is at the top of the food legislation in Canada?
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Legislation in Canada is the product of work performed by the Parliament and the provincial legislatures.
Legislation in Canada is the product of work performed by the Parliament and the provincial legislatures.
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Common law is written down as legislation.
Common law is written down as legislation.
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The economic impacts of tourism are not considered significant worldwide.
The economic impacts of tourism are not considered significant worldwide.
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Tourism encompasses various activities, services, and sectors involved in the tourist experience.
Tourism encompasses various activities, services, and sectors involved in the tourist experience.
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An excursionist is defined as someone who stays overnight at a destination.
An excursionist is defined as someone who stays overnight at a destination.
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A tourist is someone who travels at least 50 km from home for at least 24 hours.
A tourist is someone who travels at least 50 km from home for at least 24 hours.
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Domestic tourists are residents of a country traveling only within that country.
Domestic tourists are residents of a country traveling only within that country.
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The Canadian Food Inspection Agency Act is part of the food legislative structure.
The Canadian Food Inspection Agency Act is part of the food legislative structure.
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Tourism has a narrow scope, focusing only on leisure activities.
Tourism has a narrow scope, focusing only on leisure activities.
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Study Notes
Legal Framework
- Enforceable rules govern interactions among individuals, organizations, and governments.
- Law is distinct from moral and ethical standards due to its enforceability.
Categorizations of Law
- Public Law: Governs relationships involving the state; examples include the Criminal Code and the Income Tax Act.
- Private Law: Manages individual relationships; includes contracts and property ownership.
- Breaches of public law lead to prosecution, while breaches of private law can result in compensation claims.
Sources of Law
- Constitutional Statutes: Includes the Constitution Act of 1867 and 1982, establishing Canada as a federation and transferring constitutional control from the UK to Canada.
- Legislation: Laws enacted by Parliament and provincial/territorial legislatures, including subordinate legislation (e.g., municipal by-laws).
- Common Law: Based on judicial precedents; must align with the Constitution and can be modified by legislative bodies.
Court System and Judiciary
- Authority divided between Parliament and provincial legislatures with a structured court system.
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Court Types:
- Supreme Court: Highest court, does not conduct trials.
- Courts of Appeal: Federal court system with one in each province/territory.
- Trial Courts: Present within each province/territory for initial case management.
Occupiers’ Statutory Duty of Care
- Occupiers have a duty of care to ensure safety on their premises.
- Exceptions include negligence by independent contractors, actions of trespassers, and recreational activities without fees.
Remedies for Breach of Law
- Damages awarded aim to restore the affected party’s position.
- Types of damages:
- Special Damages: Specific measurable losses.
- General Damages: Non-specific damages for pain and suffering.
- Aggravated and Punitive Damages: Additional damages to address egregious behavior.
- Injunction: Court order to compel or prevent action.
Contracts Overview
- Contracts represent a branch of private law based on mutual agreement.
- Can vary in complexity, from verbal to written agreements.
- Key aspects include legal barriers, enforceable promises without consideration, and significance of misrepresentation.
Contractual Relationships
- Involves reciprocal rights and duties agreed upon by the contracting parties.
- Contract terms can be express, implied, or part of standard agreements.
Breach of Contract
- Breach occurs when a party fails to fulfill their contractual obligations, which does not excuse the other party from their responsibilities.
- Remedies typically fall into monetary compensation or specific performance of duties.
Key Legal Terms
- Consideration: Something of value exchanged in a contract.
- Invitation to Treat: An indication to others that one is prepared to negotiate.
- Offer: A proposal to enter into a contract.
- Duress: Forcing someone into a contract under threat.
- Frustration of Contract: When unforeseen events prevent contract fulfillment.
Learning Outcomes
- Definitions and differentiations are made among travel, tourism, and hospitality.
- Tourism industries classified using North American Industry Classification Standards (NAICS).
- Distinction between tourists (traveling over 80 km for 24 hours) and excursionists (same-day visitors).
- Economic, social, and environmental impacts of global tourism are outlined.
- Analysis of tourism's contribution to Canada's economy.
- Identification of key industry associations and clarity on their roles.
Definition of Tourism
- United Nations World Tourism Organization (UNWTO) defines tourism as a social, cultural, and economic phenomenon involving movement of people outside their usual environment for personal/business purposes.
- Visitors can be tourists, excursionists, residents, or non-residents; encompasses a range of activities and expenditures.
Excursionist vs. Tourist
- Excursionists are same-day visitors engaging in short-term activities like sightseeing and dining.
- Tourists travel at least 80 km from home for at least 24 hours for various purposes, including business or leisure.
- Tourists can be classified as domestic (within country), inbound (non-residents visiting), or outbound (residents traveling abroad).
Regulatory Framework for Food
- Food legislation in Canada is structured hierarchically, with federal laws like the Food and Drug Act and Safe Food for Canadians Act at the top.
- Federal laws apply universally across Canada, including different provinces and territories.
Sources of Law
- Legislation originates from Canadian Parliament and provincial legislatures; subordinate legislation includes municipal by-laws.
- Common law is unwritten and must comply with the Constitution, can be altered by legislatures.
Court System
- Authority divided between Parliament and provincial legislatures.
- Court structure includes Supreme Court (highest), Courts of Appeal (federal and provincial), and Trial Courts in each region.
Introduction to Torts
- Torts are a branch of private law governing personal conduct and rights between individuals rather than against the state.
- Breach of duty not categorized under other private law types serves to deter unacceptable conduct and provide compensation.
Types of Torts
- Categories include intentional torts, negligence, nuisance, strict liability, and statutory torts.
- New torts are developed in response to societal changes.
Vicarious Liability
- Employers may be held liable for the actions of employees, even without direct wrongdoing.
Intentional Torts
- These involve deliberate actions causing harm. Key examples: battery, trespass to land, invasion of privacy.
Occupiers’ Statutory Duty of Care
- Occupiers have legal duties to ensure safety on their premises, with some exceptions for negligence by independent contractors or trespassers.
Remedies in Tort Law
- Remedies aim to restore injured parties to their pre-damage condition, covering special, general, aggravated, punitive damages, and injunctions.
Contracts Overview
- Contracts represent reciprocal rights and obligations voluntarily agreed upon by parties, encompassing various types like verbal, written, immediate, or long-term agreements.
Sources of Law in Canada
- Legislation includes laws created by the Parliament of Canada and provincial/territorial legislatures.
- Subordinate legislation consists of regulations such as municipal by-laws.
- Common law is unwritten and developed from judicial decisions; must align with the Constitution.
- Common law can be modified or overridden by legislative bodies within their authority.
Court System and Judiciary
- Authority in Canada is shared between Parliament and provincial legislatures.
- The court system is structured as follows:
- Supreme Court is the highest authority but does not hold trials.
- Courts of Appeal function at the federal level, with each province and territory having one.
- Trial Courts operate within each province and territory for initial case hearings.
Learning Outcomes
- Identify definitions for travel, tourism, and hospitality.
- Classify tourism according to North American Industry Classification Standards (NAICS).
- Distinguish between tourists and excursionists.
- Overview of tourism's global economic, social, and environmental impacts.
- Analyze the value of tourism specific to Canada.
- Recognize key industry associations and their roles.
Definition of Tourism
- Defined by the UNWTO as a phenomenon involving the movement of people beyond their normal environment for leisure or business.
- Visitors can be classified as tourists or excursionists, and their activities may incur tourism-related expenditures.
- Tourism encompasses not only travel but also activities, services, and sectors enhancing the tourist experience.
Visitor Classifications
- Tourist: Travels at least 80 km from home for at least 24 hours for various reasons.
- Excursionist: Same-day visitors who do not stay overnight, often engaging in short activities.
Categories of Tourists
- Domestic tourists: Residents traveling within their own country.
- Inbound tourists: Non-residents visiting a given country.
- Outbound tourists: Residents traveling outside their home country.
Food Legislation
- The legislative structure for food safety operates like an inverted triangle, with federal laws at the top.
- Key federal legislation includes:
- Food and Drugs Act (FDA): Prohibits sale of unsafe food and unsanitary conditions.
- Safe Food for Canadians Act (SFCA): Addresses food import regulations.
- Canadian Food Inspection Agency Act (CFIAA): Merges food and plant inspection services for consistent safety and quality standards.
- FDA regulates food sale and production, while SFCA focuses on imported food compliance.
Chapter Overview
- Topics covered include:
- Introduction to law and its categorizations.
- Sources of law.
- Overview of the court system and judiciary.
- Guidance on answering legal questions.
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Description
This quiz explores the fundamental concepts of legal frameworks, including public and private law, as well as the sources of law such as constitutional statutes, legislation, and common law. Understand the distinctions between enforceable laws and moral standards, along with the implications of breaches in law. Test your knowledge to solidify your understanding of how laws govern society.
