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GNG 4170 Notes

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General Engineering
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HBRL8IGNG 4170Lec 1 January 14 2008 Two Main Sources of Law 1 Legislation Legislation is rules set down by the government Acts codes At a Provincial level new legislation or an amended legislation is created Division of powers who writes the laws and what the laws are about Engineering is provincial legislation Criminal code is federal legislation 2 Common Law Common law is Judge made law past decisions are important to current cases Theory of Precedence The strongest decisions are made by the Supreme Court of Canada Criminal Case R Vs King or QueenThe state is initiating the action and bringing proceedings against the party Sentence is imposed on the party when guilty nothing on the victim21 Civil Law Victim VsThe victim in bringing private legal action against the wrongdoer If the wrongdoer is liable the victim gets the money 211 Contract Law The person has breached the contractwhich is a private law between two people they create the obligations themselves 212 Tort Law A set of standards of behavior imposed on all of us Committing a tort is doing something against one of these standards Tort Law Intentional UnintentionalNegligence1PDF Created with deskPDF PDF WriterTrialhttpwwwdocudeskcomIntentional Defamation Reputation of the victim is damaged by the untrue public statements made by the tortfeasorThere are two kindsSlander verbalLibelwritten Negligence When we get a negligence hypothetical1 State that it is an unintentional tort Negligence Vicarious Liability Employer is liable for the employees torts based on the deep pockets theory 2 Describe Tort Lawprovided that the fault is found the main goal is to compensate theTwo reasons for vicarious liability victim NOT punish the wrongdoer 1 Most of the time the employee would not have the money to compensate the victim 3 Identify the parties2 Recognizes that the employees do make money for the company but the company also Plaintiffperson who raises the complaint has to take responsibility Defendantperson who defends their action When we have 2 or more defendants they arepotentially concurrent tortfeasors In this classEmployer will be defendant when an InjuryBad things that can happen to you injury to car house body employee has done something wrong Should state that the case is Vicarious Liability DamagesAmount of money given to compensate you for injuriesTest for NegligenceDefendantPlaintiffmust prove 3 things on a balance of probabilitiesshowing that the 3 things are more likely than not is a lower standard of proof than prove beyond a reasonable doubt Asking if 1 Eachowed thea Duty of Care YesNo question Is it reasonably foreseeable that the plaintiff could be injured as a result of the defendants work 2 Eachbreached that DOCEither it was breached or not First thing that needs to be established is a STANDARD OF CARE What would a reasonable engineering firm have to do Ex making sure designs are uptodate In a hypothetical you must define the standard of careIdentify all defendants and those that have breached or fallen below the standard of care 3 s injuries are a direct result of the breaches causal connectionState that it is clear that the plaintiffs injuries are directly caused by the defendant therefore the defendant is liable in negligence to the plaintiff 1 Plaintiff is entitled to reasonably foreseeable damages but there is a limit to how much compensation in damages Therefore add that the plaintiff is entitled to reasonably foreseeable damages which include2 If defendants are equally at fault or different degrees of fault explain why and split the damages2PDF Created with deskPDF PDF WriterTrialhttpwwwdocudeskcom
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