LAW 122 Study Guide - Qualified Privilege, Personal Services, Fundamental Breach
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Law 122 Chapter Notes Winter 2013
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LAW122 Chapter Notes
Chapter 1 – Risk Management and Sources of Law
Risk Management - The process of identifying, evaluating and, responding to the possibility of
Risk Avoidance - Steering clear of potentially damaging situations altogether.
(i.e. Refusing to engage in an activity that carries risk/liability)
Risk Reduction - Instead of assuming entire risk, receiving collateral to ensure you cannot lose.
(i.e. Offering mortgage)
Risk Shifting - Making sure that you cannot be singled out as responsible for payment of
damages though avenues such as hiring independent contractors (vicarious
liability, having insurance (paying a fee to be covered financially in case of an
incident), having exclusion/limitation clauses (Parking lot signs that state the
owners of the lot assume no responsibility for damages to vehicles), or
operating as an Incorporation (providing limited liability status to shareholders,
CEOs and board members)
Risk Acceptance - Accepting that damage or loss might occur, and that other avenues to prevent
this would not be feasible.
(i.e. – Being aware of issues and risks and dealing with them as they arise)
Law - A rule that can be enforced by the courts.
Civil Law - Trace their history to ancient Rome. The only civil law jurisdiction in Canada
today exists in Quebec.
Common Law - Trace their history to England - exists in rest of Canada, Australia, New Zealand
and most of US.
Jurisdiction - A geographical area that uses the same set of laws.
Public Law - Concerned with Governments and how they deal with their citizens
• Constitutional Law – Basic rules of our political/legal systems; who is
entitled to create and enforce laws. Establishes fundamental rights and
• Administrative Law – Concerned with creation and operation of
administrative agencies and tribunals. “Corporate/Business law”
• Criminal Law – Deals with offences against the state (people who
• Tax Law – Concerned with the rules that are used to collect money
for public spending.
Law 122 Chapter Notes Winter 2013
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Private Law - Concerned with the rules that apply in private matters. Usually a dispute
between two private persons, however it is possible for a private individual to
sue a public body (suing the city for failing to ensure building codes were met).
Private law is usually divided into three main parts (Tort, Contract & Property).
The Law of Torts - A private wrong, or offence against a particular person. Can be further divided
into three forms of Torts.
• Intentional torts (Assault, false imprisonment)
• Business torts (Deceit, conspiracy)
• Negligence (Careless damage/Injury to another)
The Law of Contracts - Concerned with the creation and enforcement of agreements – especially
important in business.
The Law of Property - Concerned with the acquisition, use and disposal of property which can be
divided into three main forms.
• Real Property, which involves land and things attached to land
• Personal Property, which involves things that can be moved from one
place to another (vehicles, computers, furniture)
• Intellectual Property, which involves things that consist of original
ideas (patents, trademarks, copyrights)
Three Sources of Law - Constitution, Legislation and courts.
Constitution - A document that creates the basic rules for Canadian Society, including our
political and legal systems. Every other law in the country must be compatible
with it. It cannot be changed, except through amendments.
Division of Power - Canada is a Federal country because it has two levels of government, each
having their own areas of rule where laws can be created and enforced.
• Federal – The Parliament of Canada, which governs the country as a
whole, consisting of Members of Parliament elected from each province
and territory. Composed of political parties, the majority of which run
the country, and the leader of that party is the Prime Minister
• Provincial/Territorial – Thirteen elected bodies of Legislature, similar
to Parliament, with the leader of the majority of parties being the
Premier of the province/territory.
Residual Power - Gives the federal government authority over everything that is not specifically
mentioned in the constitution, including things that did not exist when it was
written. (i.e. – Telecommunications, Air Travel, Internet laws)
Ultra Vires - When a government tries to make laws outside its area. (“Beyond the Power”)
(i.e. – Banning the production of Margarine.)
Intra Vires - When a government acts within its scope of power. (“Within the Power”)
(i.e. – Banning the importation of Margarine.)
Law 122 Chapter Notes Winter 2013
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Three main sections of the Charter;
Fundamental - Everyone has the following freedoms
Freedoms • Freedom of conscience and religion
(Section 2) • Freedom of thought, belief, opinion and expression, incl. freedom of
the press and other media of communication
• Freedom of peaceful assembly
• Freedom of association
2- Mobility Rights - Every citizen of Canada has the right to remain in and leave Canada.
(Section 6) - Every citizen of Canada and every person who has the status of
Permanent Resident of Canada has the right…
• to move to and take up residence in any province; and
• to pursue the gaining of livelihood in any province
Equality Rights - Every individual is equal before and under the law and has the tight to the
(Section 15) equal protection and equal benefit of the law without discrimination and, in
particular, without discrimination based on race, national or ethnic origin,
colour, religion, sex, age or mental or physical disability.
- Subsection (1) does not preclude any law, program or activity that as its object
the amelioration of conditions of disadvantaged individuals or groups including
those that are disadvantaged because of race, national or ethnic origin, colour,
religion, sex, age or mental or physical disability.
Property Rights - The rights to enjoy property.
Economic Rights - The rights to carry on economic activities.
Chapter 3 - Introduction to Tort Law
Tort - Generally consists of a failure to fulfill an obligation that was imposed by law.
Tortfeasor - A person who has committed a tort.
Tort vs. Crime - Torts are against private obligations, Crimes are against public obligations.
Chapter 1 risk management and sources of law. The process of identifying, evaluating and, responding to the possibility of harmful events. Steering clear of potentially damaging situations altogether. (i. e. refusing to engage in an activity that carries risk/liability) Instead of assuming entire risk, receiving collateral to ensure you cannot lose. (i. e. offering mortgage) Accepting that damage or loss might occur, and that other avenues to prevent this would not be feasible. (i. e. being aware of issues and risks and dealing with them as they arise) A rule that can be enforced by the courts. The only civil law jurisdiction in canada today exists in quebec. Trace their history to england - exists in rest of canada, australia, new zealand and most of us. A geographical area that uses the same set of laws. Concerned with governments and how they deal with their citizens: constitutional law basic rules of our political/legal systems; who is entitled to create and enforce laws.