Law Unit 4 terms (civil law)

Negotiation

Agree to a mutually agreed upon arrangement

Mediation

Third party intervenes to bring opposing parties to an agreement

Arbitration

Third party hears both sides and makes a binding decision

Assault

Offensive conduct that causes reasonable apprehension of imminent harm

Battery

Intentional, unauthorized, physical contact that victim considered harmful

What do survivors of sexual assault often seek?

Financial compensation or public exposure

What types of abuse are mentioned alongside sexual assault?

Spousal abuse and incest

Medical battery

Performing the wrong procedure without the patient's consent

False Imprisonment

detention of a person without consent or reasonable grounds of abuse of power

Nervous shock

Deliberately shocking someone causing the victim to suffer mental or physical harm

Invasion of privacy

People's concerns about legal protection of their personal/privacy

defamation

saying untrue things that might negatively harm someone's reputation or character

3 factors needed to prove negligence

duty of care, standard of care, causation

Duty of care

Obligation to foresee or avoid any careless actions that might cause harm to others such as the neighbor principle

Standard Care

The degree of caution or level of conduct expected of a reasonable person

What is the standard care for docs + engineers called?

Specialized standard of care, because they have special skills

Causation

actions of the defendant actually caused the plaintiff's injuries

Cause in Fact/cause and effect

connection between one person's actions and another person's injuries determined by the "but for" test

but for test

an injury would not have happened but for

Apportionment

the division of fault among different wrongdoers

Medical Negligence

Failed to explain the medical care to paitent

Parental responsibilities

provide the necessities of life

Types of liabilities

Product Liability, Occupiers Liability, Allurement, strict liability

Product Liability

The area of law that deals with negligence on the part of manufacturers

Occupiers Liability

the responsibility of owners or renters to ensure that no one entering the premesis is injured

Allurement

site or object that might attract children or people

What is strict liability?

A legal doctrine where a defendant is automatically liable for an injury caused by a dangerous substance or activity.

Does strict liability require proof of negligence?

No, strict liability applies even if the defendant was not negligent.

Defenses to liabilities?

Contributory negligence, voluntary assumption, waiver, inevitable accident, act of god, explanation, statute of limitations

Contributory negligence

negligent acts by the plaintiff that helped cause the plaintiff's injuries

Voluntary assumption

the defense that no liability exists because the plaintiff agreed to accept the risk normally associated with the activity

Waiver

signed by the plaintiff releasing the defendant from liability in the event of an injury (signed document)

Inevitable accident

defense claims the accident was unavoidable due to an uncontrolled event

Act of god

caused by an extraordinary, unexpected natural event

Explanation

accident occurred for valid reason even though the defendant took every precaution

Statute of limitations

law that specifies the time which legal actions must be taken

Essential requirements to marriage

Mental capacity to marriage, freedom of consent., age of consent

Mental Capacity to Marriage

ability to understand the contract of marriage + mental capacity must exist at the time the marriage took place

Freedom of Consent

agree to enter willingly and not forced to

age of consent

in Ontario over 18 to be married, can be 16 if parents agree

Absence of prohibited relationships:

Consanguinity - cannot marry too closely related to each other by blood

Prior Marriages

Polygamy and bigamy is a criminal offense in Canada (up to 5 years)

Sexual Capacity

Consummation of the marriage physically

Formal requirements to marriage

Marriage Liscence or Publication of Banns, Marriage Ceremonies

Marriage liscence

legal document authorizing marriages

Publications of Banns (more so of a medieval time thing)

proclaimed at religious services by the church announcing the intention of marriage

What is required for a marriage ceremony regarding witnesses?

Must be witnessed by 2 people over 18 years old

Who can conduct a marriage ceremony?

Must be conducted by someone authorized to do so

What must be pronounced during a marriage ceremony?

Must be pronounced that the couple is married

Types of Contracts

Bilateral, Unilateral, oral and written, Implied

Bilateral

promise exchanged for another promise (exchanged both ways)

Unilateral

promise made by single party in exchange for an action

Oral and written

apply based on the situation, handshake agreement can be considered an oral contract

Implied

parties mutually understand the terms by their actions and not words

Essential elements of a contract

Intention to contract, Offer and acceptance, Consideration, Certainty of terms

What is the intention to contract?

It refers to the parties' intention to sign a legally binding agreement.

Are promises made within family relationships legally binding?

No, not all promises in family relationships are legally binding.

Are bargains made in commercial relationships legally binding?

Yes, bargains in commercial relationships are legally binding.

Offer and acceptance

Parties invited and then it is accepted

Consideration

When something is promised

What are the perks to consideration?

Person who makes the promise must get benefit from the promise + Person who agrees to the promise must experience some detriment/loss

Certainty of terms

The terms of the contract must be accurate, precise and clear.

courts under civil law

tort, contract, family, wills + estates, property, employment

ways to solve civil disputes

small claims court, settlements

small claims court

sue if person/buisness if theres damages to property, 35 k or less, dont need lawyer

Settlements

agreement, through mediation

Circumstances when contracts are not enforeceable

Frustration, misinterpretation, mistake, illegality