Level 1 - Chapter 4 Definitions

Criminal Law

category of the law that deals with wrongs against society

Civil Law

law that concerns itself with settling disputes between individuals or other legal entities in matters not involving a criminal act

Plaintiff

the party making the complaint

Defendant

the party who allegedly committed the wrong

Tort

a wrong done to another in breach of a duty laid down by law

Strict Liability

doctrine in law in which “a person is guilty until proven innocent”

Negligence

the omission to do what a reasonable man guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do

Special Damages

damages which can be accurately measured and which are intended to reimburse the plaintiff for out-of-pocket expenses

General Damages

damages which cannot be exactly determined but which reflect an amount the court believes necessary to compensate the aggrieved party fairly

trespasser

is one who is on anothers premises for his/her own purpose without the express or implied permission of the occupier. Their perspective is of no value to the occupier and such persons are viewed as having temporarily appropriated the property for their own use

licensee

A licensee is someone who comes onto the premises for his own purpose but with the occupiers consent

OR

a licensee is someone who goes up on the lands of another with express or implied invitation to transact business with the owner or occupant or to do some act to his advantage or to the mutual advantage of both the licensee and the owner or occupant

invitee

someone who enters by invitation be it express or implied his entry is connected with the owner's business or with an activity the owner conducts or permits to be conducted on his land and there is mutual benefit or benefit to the owner

visitor

classification given to a licensee or invitee under provincial Occupiers Liability Acts

joint liability

when two or three people act together so as to cause injury or damage they are held to be jointly liable