Law 30 Unit 3 - Civil Law

Civil Law

Regulates disputes between:

• Individuals

• Individuals and Organizations

  Goal is to compensate harm

Types of Civil Law (5)

• Family Law

• Tort Law

• Property Law

• Contract Law

• Labour Law

Small Claims Court

• Resolves claims under $20,000

Plaintiff

Person suing

Defendant

Person being sued

Litigation

Process of being sued

Litigants

Parties involved in the action (plaintiff/defendant)

Class Action

When there is more than 1 plaintiff in a single action

Types of Damages (5)

• General

• Special

• Punitive

• Aggravated

• Nominal

General Damages

• Court ordered compensation that is:

  • Pecuniary

  • Non-Pecuniary

Pecuniary

Relating to money

Non-Pecuniary

Not related to money

Special Damages

Compensation for out of pocket expenses

Punitive Damages

Compensation to punish the defendant

Aggravated Damages

Compensation awarded to the plaintiff for humiliation and mental distress

Nominal Damages

Compensation awarded as a victory to a plaintiff who has not sustained any actual losses

Injunction

A court order directing someone to do or not do something for a period of time

Contingency fees

Agreement that says the lawyer will be paid a percentage of the damages at the end of a case

Garnishment

Instructs an employer to deduct a specific percentage of the defendant’s wage and pay it to the court

Contributory Negligence

The plaintiff is partially responsible for the harm they suffered because they were negligent

How is Contributory Negligence Proven?

The defendant must show that the plaintiff's actions contributed to the harm.

The court may reduce the damages awarded based on the plaintiff's share of fault

How is Voluntary Assumption of Risk Proven?

The defendant must show the plaintiff had full knowledge of the risk and voluntarily accepted it, either expressly (signed a waiver) or impliedly

Voluntary Assumption of Risk

The plaintiff knowingly and willingly accepted the risks associated with a certain activity

Inevitable Accident

The incident was unavoidable despite all reasonable precautions; the defendant could not have prevented the accident

How is Inevitable Accident Proven?

The defendant must show they were not negligent and the accident occurred due to forces beyond their control

Self-Defence

The defendant used reasonable force to protect themselves from immediate harm

How is Self-Defence Proven?

The defendant must show they faced a threat and responded with force proportionate to the threat

Defence of Others

The defendant used reasonable force to protect another person from harm

How is Defence of Others Proven?

The defendant must show they believed the person they protected was in danger and the response was proportionate

Defence of Property

Reasonable force was used to protect property from intrusion or damage

How is Defence of Property Proven?

The defendant must show force was necessary and proportionate to stop a trespass or damage

Legal Authority

The defendant was performing a duty granted by law

How is Legal Authority Proven?

The defendant must show they had legal permission (like a warrant or legislative authority) to be on the property or detain someone

Defamation

the action of damaging the good reputation of someone; slander or libel

Absolute Privilege

Complete immunity is granted to statements made in specific situations, regardless of intent or truth

Qualified Privilege

Protection is given when statements are made without malice in a situation where the speaker had a duty or interest to communicate it

Fair Comment

The statement was a comment or opinion about a matter of public interest

Liability

The legal responsibility for a wrongful action

Characteristics of Negligence (3)

• Unintentional

• Unplanned

• Results in injury

Duty of Care

A specific legal obligation to not harm other people or their property

Foreseeability

Whether or not a reasonable person in a similar situation have anticipated the result of the situation

Causation

When the defendant’s actions led to the plaintiff’s damages

Motor Vehicle Negligence - Liability for Passengers

Drivers are responsible for their passengers safety

Motor Vehicle Negligence - Seatbelts

Drivers and passengers not wearing seatbelts are not acting responsible and therefore should reasonably be able to foresee injury

Drivers have a duty of care to ensure their passengers are buckled up

Vicarious Liability

One person is held responsible for another persons tort, even though they might have done nothing wrong

• Betty loans her car to Frank, Frank crashes her car, Betty can be held responsible

Occupiers Liability

Occupiers owe a duty of care to make sure their property is safe for others

• Make sure handrails and steps to a front door are safe

Allurement

Something that is enticing to children and could result in their harm

Host Liability

Commercial hosts (bars, restaurants, etc.) have a duty of care to keep an eye on intoxicated guests to make sure they don’t hurt anyone or themselves

Malpractice

Improper or negligent professional treatment

Medical Malpractice

Concerns a doctors duty of care to the patient, that is whether or not they have provided reasonable duty of care

Battery

Intentional physical contact that is harmful or offensive to another person

Trespass to Land

The act of entering and crossing another person’s land without permission or legal authority

False Imprisonment

Involves confining or restraining a person without their consent in a specific area

Nuisance

Something that interferes with the enjoyment of property

Defamation of Character

False statement that damages another person’s reputation/may cause financial loss

Slander

Defamation through spoken words, sounds, gestures, facial expressions

Libel

Occurs when someone is defamed in a more permanent visual or audio form (physical form)

Civil Courts

Involving large sums: Provincial Supreme Court

Burdon of Proof

Convince the judge that the events most likely took place in the way they claim

Enforcing a Judgment

making sure that the losing party in a court case follows what the court ordered