LAW 2014 Exam Review Checklist CANADIAN LEGAL SYTEM Purposes of law – 1) To maintain the integrity of state boundaries, 2) To maintain law and order, 3) To protect citizens from each other, 4) To provide a civilized forum for resolving disputes between citizens. 5) To protect citizens from illegal or oppressive government action 6) Provide a civilized forum for resolving disputes between citizens and government 7) Establish and maintain standards relating to areas such as health, education and employment 8) Establish and maintain a wide range of standards, such as working conditions ans product safety.
Divisions of law – 1) Substantive Law- Rights and remedies: Public Law= Criminal, Private Law= Civil. 2) Procedural Law- Rules and procedures Sources of law – 1) royal prerogatives- Direct pronouncements of the sovereign, 2) Legislative enactments- Federal and provincial. 3) Delegated lawmaking- Municipalities and administrative boards 4) Judge- Made law- common law Canadian courts: –
Supreme Court of Canada- (Federal) – 9 justices with jurisdiction over all law, does not conduct new trials Superior – (provincial) – federally appointed judges with jurisdiction to hear: Serious criminal cases, Divorce, civil cases, administrative law applications from boards and tribunals Ontario court of Justice- (provincial)- Judges are provincially appointed, Divided into divisions such as; criminal, family, youth, small claims.
Provincial boards/tribunals/commissions- Include liquor licensing, Landlord/tenant, zoning, and occupational safety boards LAW OF CONTRACTS Essential elements of a contract (6)- 1) offer, 2) Acceptance, 3) consideration, 4) Capacity, 5) Intention, 6) Legality Privity Rule- Both benefits and obligations under a contract are usually confined to the parties to it.
Exceptions- 1) Vicarious liability of employers for breaches by employees( in their normal course of duty), 2) tort Law bypass- Lets persons not a party to a contract sue in negligence Discharge- (termination)- by; performance, agreement, frustration, operation of law Impeachment – (challenged) based on; Duress, undue influence, Mistake, Misrepresentation (innocent, negligent, fraudulent) breach of contracts- repudiation( refusal), Failure to perform( partially or fully), Sabotage(willful act to frustrate) Remedies
LAW OF NEGLIGENCE Origins and purpose of tort law- A body of law that provides remedies for wrongs that do not arise out of contractual duties. Purpose- to deter people from activities that are a risk to others and to restore the injured party to the position he or she was in before the injury. Definition of tort- intentional or unintentional injury to victim’s body, mind, property, and pocketbook.
Essential elements of negligence (4) 1) a duty of care owed by the defendant, 2) breach of the duty of care, 3) injury to the plaintiff, 4) proximate cause between the breach and the plaintiff’s injury 8 intentional torts- Assault, battery, trespass, conversion, false imprisonment, intentional infliction of mental suffering, intentional interference with a contract, deceit. Reasonable person test Foreseeability of a reasonable person Proximate cause Thin Skull Rule Res Ipsa Loquitor- “ the thing speaks for itself”.
Was in the defendants control, plaintiff did nothing to provoke the accident and had no prior knowledge of the danger. Negligence Per Se Strict Liability- the defendant will be found liable if injury occurs even through precautions were taken or injury was not foreseeable Contributory negligence- Plaintiff is partially or solely the cause of their own injury, the amount of compensation will be reduced accordingly. Voluntary assumption of risk – Plaintiff has participated in an activity knowing that an injury ight result may be said to have assumes the risk voluntarily. Plaintiff must establish that… the plaintiff knew about the risk and understood it, plaintiff had a choice to avoid the risk, the defendant was not in breach of any statutory duty from which the injuries flowed. Waivers and disclaimers Occupier’s Liability- occupiers owe a duty of care to those entering on or in the vicinity of their premises, depending on jurisdiction there may be a distinction between the duty owed to an invitee and a licensee.
Vicarious liability- employers are responsible for the torts of employees which occur while they are performing their duties, failure to correct a problem such as incompetence of an employee may also result in vicarious liability. Defamation Injurious falsehood Occupier’s liability NEGLIGENCE PREVENTION Accommodation sector STOPs Food standards of liability Food & Drugs Act & Sales of Good Act Risk areas in food Alcohol liability Liquor License Act Duty of positive action Incident reports LIQUOR LICENCING Alcohol and Gaming Commission of Ontario (authority, mandate and key activities) Types of liquor licenses and endorsements
Recent changes at the AGCO Special occasion permits (classes, types of events and application process) PROTECTION OF GUEST’S PROPERTY Bailment Relationship INNKEEPER/GUEST RELATIONSHIP (H103 and H110 only) History and definition of the Innkeeper/Guest relationship Duty to Receive Beginning and ending the Innkeeper/Guest relationship Landlord/Tenant relationships Predominant Purpose test Rights of the Innkeeper Rights of the Guest Protection of guest property Absolute liability rule, exceptions and limitations Infra Hospitium Property left behind by a guest Types of bailment and their corresponding standard of liability