Law- the body of rules that can be enforced by the courts or by other government agencies.
Sophisticated Client- Person who understands the role of a lawyer and knows when to represent himself/herself and when to get the help of a lawyer. They understand the cost associated with a lawyer and how the process works.
Legal Aid- Legal help for people who cannot afford a lawyer.
Civil Law- A list of codes that judges apply to cases.
Common Law- Law based on past decisions made by the courts with regard to cases with similar circumstances.
Stare Desists- “To stand by previous decisions”
Law of equity- A system of law in which the rule of presidents was not followed every case is treated as a new one.
Statute- A law passed by properly constituted legislative body. “Parliament”
Paramount- When provincial and federal laws conflict the federal law will prevail.
Tort- Civil wrong, it occurs when one person causes injury to another person, harming his or her person, property or reputation.
Vicious liability- An employer may be held responsible for torts committed by employees while on the job.
1. Intentional torts- Torts done on purpose, deliberate torts.
2. Assault- both the actual striking of a person (battery) of the threat of striking a person (assault)
A. Consent- the victim gives permission for the action to take place.
B. Self-defence- reasonable force being used to protect one’s self, people under the care of a person or the person’s property.
C. Lawful Authority- some people have the right to administer disciplinary action to others.
3. Trespass to land- involves someone who goes onto another person property without having the lawful right of the owner’s permission to do so.
4. False imprisonment- occurs when people are restrained against their will and the person doing the restraining has no lawful authority to do so.
5. Private nuisance- anyone who carries out an action that interferes with the use and enjoyment of another person’s property.
6. Defamation- A statement that ruins or lowers the reputation of another person. The statement can be oral or spoken (slander) or written, printed (libel).
Defences of Defamation
2. Privilege- A defence which allows certain people in certain situations to make untrue statements without incurring liability for defamation. (Statements made imperilment and provincial legislation)
3. Qualified privilege- allows certain people not to be liable for defamation if it occurs in the course of the job duty.
4. Fair comment- when people put their work up before public viewing, they invite criticism.
Unintentional torts- the inflection of a wrong though careless conduct
Reasonable person test- what would a reasonable person do in the same situation.
A: A duty to exercise care must exist
B: Breach of the standard of care
C and D: Causation and damages
Misfeasance- when a person acts in a social undesirable way. The courts will likely provide compensation or remedy.
Nonfeasance- when a person fails to do something unless it is their duty, courts are not likely to provide compensation.
Plaintiff- The person doing the suing
Defendant- The person being sued
Res-ipsa-loquitor- Instead of the plaintiff proving that negligence acquired, the defendant must prove that negligence did not acquire it has been abolished in Canada.
Prima facie- The plaintiff has proven their case from the facts that negligence has acquired.
Dangerous premises- The occupier of land or property is responsible for keeping is safe for people who come on to it. People that come onto another person’s property can be divided into three categories.
1. Invitee- any business visitors (salesperson)
2. Licensee- anybody who enters a person’s property without permission. The occupier is not responsible to keep the place safe for this group; however the occupier is not allowed to intentionally