LAWS 2202 Lecture Notes - Lecture 1: Fiduciary, Narcotic Control Act, Ginger Beer
14 Feb 2018
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Ratio is binding in private laws, but does not override statute law; judge applies statutes from reading them while government enacts them. Strictly between private citizens, there is no absolute freedom of expression; charter applies directly to state intervention. Cause of action: alleged facts that support legal basis for being in court; must be recognized by court (duty/breach/damages) Contract law: protects reasonable expectations of parties to a promise. Tort law: duty not to harm your neighbour. Must be proven it was reasonably foreseeable. Trust law: based on fiduciary duty to avoid a conflict of interest, not a legal concept; very strong imbalance of power. Tort is a wrong recognized by law; any civil wrong. Neighbour: anyone/anything reasonably foreseeable harmed by your actions. Remedy: restitutio in integrum (making the wrong whole) Brings in all three causes of action: No limit can sue on all three. Must prove different things in the seperate causes of action.
