Question | Answer |
Civil Law | The body of law concerned with civil or private rights and remedies |
Criminal Law | The body of law concerned with wrong against society |
Tort | A private/civil wrong or injury(other than breach of contract) for which the court will provide an award for damages |
Breach of Contract | The failure, without legal excuse, to perform and promise which forms the whole or part of the contract |
Rule of Precedent | Basic concept in common law in which court decisions must follow those made in cases having similar circumstances |
Statute Law | Written law enacted by provincial or federal legislation - It amends or supercedes common law |
Damages | Compensation in money for loss or damage suffered |
Compensatory Damages | Damages to compensate the injured pary for bodily injury or property damage suffered |
Special Damages | Damages which can be measured to an amount and are often refered to as out of pocket expenses |
Exemplary or Punitive Damages | Damages which are intended to punish defendants for their behaviour or to make an example of them |
Nominal Damages | Damages which may be awared when there is no subsantial loss or injury to be compensated |
Doctrine of Negligence | Based on the duty of all persons to exercise due care in their conduct towards others from which injury may result |
Negligence | The failure to do something which a reasonable man would do, or the doing of something which a reasonable and prudent man would not do |
Strict Liability | The assumption that certain activies are so hazordous that in the event of loss or damage arising out of them, the person conducting the activity shall be presumed to be legally liable |
Occupier | A person who has immediate supervision and control of the premises and the power to admit and exclude entry of others |
Nuisance | Everything that endagers life or health, gives offence to senses, violates the laws of decency, or obstructs reasonable and comfortable use of the property |
Trespas | An unlawful interference with one's person, property, or rights. |
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