LAW 529 Study Guide - Midterm Guide: Section 33 Of The Canadian Charter Of Rights And Freedoms, Precedent, The Employer
13 Oct 2018
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Common law: accepted legal rights/obligations arise out of court decisions, foundational source for contracts + torts, cl principle/standard cannot negate or override statute/ regulation/ constitution, tort- legal wrong committed by a person causing loss or harm. Imposed by lawa, no privity req. designed to return the victim to the poiton they were in before the t. occred: contract- voluntarily entered. Only enforceable against parties in k. designed to provide the contracted benefit: intentional tort vs negligence, compensatory damages calc to place the injured person in a position bf the act occurred, injunction order to refrain from doing smthg. Statutes and regulations: legislation: passed by parliament or the. Ot pay, mandatory leaves etc: expert tribunals make leagally binding decisions: legally binding, courts review tris based on appeals. Collective bargaining regime: legal process where workers can collectively better the terms/conditions of their emplymnt, statutory ruels/regulations governing the formation of: unions, cb, industrial conflict.
