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GNG4170 Notes.docx

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General Engineering
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Legislation Specific set of rules set down by government ie criminal codeDivision of powerCertain topics are set aside for federal government to address others set aside for provincialBylaws are set aside for municipal governmentCommon lawDuring British rule judges travelled from country to country2 sources of law judgemade law and precedent law using past relevant cases in decisionmakingLegislation overrules common lawCriminal lawWrongdoer found guilty victim gets no benefitCivil law tort law contract lawDefamationintentional tort where the reputation of the victim is damaged by untrule public statementsoLibelform of communication in writingoSlanderform of communication is speechTort law To compensate the victim not punish the offenderVicarious liabilityCompany is responsible for torts performed by employeesEmployer is named responsibleDeep pockets theoryemployer is more financially capable to compensate the victimConcurrent tortfeasorsmore than one defendant may be found liableNegligence testDefendant owed plaintiff a duty of careoDamage was reasonably foreseeable oDefendant should take reasonable precautions against potential injuryDefendant breached the duty of careoDid they do what a reasonable company would have done oStandard of caredid their actions meet the reasonable standard of careThe plaintiffs injuries are a direct result of the breachoIs the injury a direct result of the breachoButfor testbut for this cause the damage would not have occurredInjuriesall the negative things that happen Damagescompensation given to victimPlaintiff is entitled to reasonably foreseeable damagesDuty to warnpart of standard of careConsumer should be warned of any reasonably foreseeable injuryThin skull plaintiffthe same kind of injury may affect different people differently Braking pianists hand vs braking healthy young persons handNo obligation of perfectionexpected to do what a reasonable company wouldContract lawMisrepresentationoA statement that is untrue and has material significance highly influencing the decision to enter a contractInnocent misrepresentationPerson genuinely believes statement to be trueoPossible remedyrescission if possibleputting things back into position as if the contract hasnt been enteredFraudulent misrepresentationperson making statement knows theyre lying doesnt believe the statement to be true or is reckless whether its true or not
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