STUDY 1 – Introduction to Liability Insurance .pdf View or Download
Terms | Definitions |
|---|---|
 What word equates to the term "responsibility" as it is used in the insurance business? | liability |
| What are three categories used to classify the way in which the law imposes liability? | nuisance, breach of contract, negligence |
| What is a tort? | is a civil wrong or injury other than breach of contract, courts will permit action and award compensation |
| What is a private nuisance? | infringe on a person's use and enjoyment of living area |
| What is a public nuisance? | infringe on the rights of many people |
| What is a breach of contract? | when one party of the contract failes to observe to its obligations |
| Why does our system of civil justice impose responsibilities on people? | is a natural deterrent to irresponsibility in both personal and corporate acts. |
| Identify three levels of government that enact laws. | federal, provincial and municipal levels |
| What is a crime? | an act against society which is prohibited by the Criminal Code of Canada |
| What types of rights are likely to be involved in civil lawsuits? | individual rights, family relationships, estates, contracts and any dispute not involving criminal or quasi-crimes. |
| What is a quasi-crime? | Offences that are not prohibited by the Criminal Code of Canada. e.g. speeding |
| What is the difference between criminal law and civil law? | criminal law demands punishment, civil law demands compensation |
| Very briefly review the history of the legal system in Quebec. | Civil code of Lower Canada was greatly influenced by the Customs of Paris and the Napoleonic Code |
| What is the role of the court in Quebec in civil matters? | role is to settle dispute according to the specifications set out in the Code. To interpret the law not set it. |
| What types of law comprise the common law system? | case law and statute law. |
| How are cases decided under the common law system? | the courts look upon precedents to guide how to resolve cases in dispute. |
| How is precedent set? | the court in its judgement may organize a set of rules with attendant criteria in a local argument in support of its decision. |
| What is the judicial hierarchy in the common law provinces? | if more than one judgement is found with similar facts, the court will follow the precedent set by the higher court. |
| How is Quebec affected by case law? | not bounded by precedents but are used when arguments are supported by case law. |
| Not every case can be tried in the Supreme Court of Canada. Explain why. |
Terms | Definitions |
|---|---|
| LIABILITY | Legal responsibility arising from: 1) Actions. 2) Ownership of something. 3) Use of something. |
| NEGLIGENCE | A person (TORTFEASOR) or persons (JOINT TORTFEASORS) committing a civil wrong (TORT), other than a breach of contract, against another person causing bodily injury or property damage. |
| NUISANCE | a) Private Interfering with an occupant's use / enjoyment of their premises. b) Public Interfering with a right common to members of a community |
| BREACH OF CONTRACT | Failing to observe an important or fundamental issue of the contract based on the level of obligation imposed on contract parties |
| Liability Insurance | *Compensates the victim for injuries or damages caused by the insured. Protects the insured provided a) The insured is legally liable. b) Damages or injury have been caused. c) The activity is covered under the policy |
| JURISDICTIONS | 1) Federal 2) Provincial 3) Municipal |
| Federal | Military, foreign relations, currency, crown corporations |
| Provincial | Property rights, education, regulating insurance industry |
| Municipa | By-Law enforcement |
| CRIMINAL LAW | *Act against society prohibitedby statute. (Criminal Code) *Guilt is determined by courts *Penalties - Fine / Imprisonment |
| CIVIL ACTION | *Dispute between individuals or legal entities. *Fault (Legal Liability) determined by courts *Penalties - Compensation for injured party |
| Hierarchy of Precedent | Lower courts follow similar case decisions made in higher courts. |
| COURTS | 1)Supreme Court of Canada Ultimate authority for cases of national impact 2) Provincial Appeals Court Final means of provincial recourse. 3) Jurisdiction Superior Court Large cases. 4) District/County Court Intermediate cases. 5) Small Claims Court Small cases (< set amount). |
C13 Study Summary Notes 7 Pages Long.pdf View or Download