Essay on Monday Class

Question 1.
Find the Constitution Act 1867 and answer the following questions
a. Name what is listed under points 7 and 10.(2 marks)
7) The provinces of Nova Scotia and New Brunswick shall have the same Limits as at the passing of this Act.

10) The Provisions of this Act referring to the Governor General extend and apply to the Governor General for the Time being of Canada, or other the Chief Executive Office or Administrator for the Time being carrying on the Government of Canada on behalf and in the Name of the Queen, by whatever Title he is designated
b. Name what is listed under points 3 and 6. (2 marks)
3) The borrowing of Money on the sole Credit of the Province
6) The Establishment, Maintenance, and Management of Public and Reformatory Prisons in and for the Province
Question 2
Explain what is meant by the term the” Common Law”. The case of Donoghue v Stevenson is an example of judicial precedent. Explain what this means and the 2 points that must be met in order for a case to have the status of judicial precedent. What was the main legal principle from Donoghue V Stevenson? (7 marks)
Common Law A legal system where a decision is made in court by judicial precedent.
Judicial precedent A decision made by a similar previous case.
2 points that must be met:
1) Ratio Decidendi
2) Obiter Dictum
The main legal principle from Donoghue V Stevenson was ‘Duty of Care’.
Question 3
A tort can rise to both civil and criminal liability. Describe 3 differences between the civil and the criminal law. (6 marks)
1) More evidence is needed to determine the outcome in Criminal Law
2) Criminal Law covers cases with more seriousness ex, murder, assault; Whereas civil law covers disputes and low key accidents.
3) Criminal law is illegal and you will be either sentenced to jail or fined or in worst cases sentenced to death.

Question 4
From the following scenarios identify and EXPLAIN the most appropriate intentional tort that could be applied.
a. A new next door neighbour has just moved in. One of his hobbies is repairing cars. You are becoming increasingly annoyed at the exhaust fumes that come from his back yard into yours. (2 marks)
The appropriate intentional tort for this example if nuisance. Due to the fact that the new next door neighbour is using their property in such a way that it interferes with the current homeowner.
b. Mei Wan has just moved into her first home. It is a corner plot, near a park. She loves gardening but she does not like to see all the dog walkers taking a short cut over her grass in her front yard. (2 marks)
The appropriate intentional tort for this example is trespassing. This is a result of Mei Wan’s unwanted dog walkers using her property to take a short cut when she refuses.
c. Harpreet just got a car. He took the car out for a drive .Unfortunately it was quite bad weather and there was ice on the road. He lost control of the car and hit another car, a porche. The owner of the porche was furious and leapt out of his car, shouting and shaking his fist at Harpreet. (2 marks)

The appropriate intentional tort for this example is Assault. The owner of the porche is most likely threatening and yelling at Harpeet, but not physically touching him.

d. Explain what must be established in order for a plaintiff to be successful in an action of negligence that does not have to be established in an action of intentional torts. (1 mark)

In order for the plaintiff to be successful he/she must establish subjective elements involving the content of the defendants mind.

Question 5.
Anupa and 3 of her friends went on vacation together. They had a great time but the vacation did not end well. Fortunately it was the last night. Anupas’s bedroom had glass sliding doors leading out to a balcony. As it was such lovely weather, she wanted to sit on the balcony and read for a bit. It was such a clear evening that she thought the doors were already opened

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