LECTURE 1: Introduction
2 main braches of Law • Criminal – state vs. accused • Common – judge made law
2 sources of law: • Legislation – Federal or Provincial Legislations/ statutes / regulations. • Common (case law) – judge made.
Civil Law: about a party bringing an action for a personal remedy of some kind.
Definitions: Tort – a legal wrong which entitles you to some sort of remedy. • Intentional Tort – ex. Assault and battery. o Defamation – An intentional tort. The reputation of the victim is damaged publicly by untrue statements made by the tort-feezer. ▪ Slander – Untrue verbal statements. ▪ Liable – Untrue written…show more content… See an example where this applies.
Ex. Owner gets plans for some project from an engineering firm. The plans are flawed. A general contractor also hired by the owner relies on the information provided by the engineering firm and because of the flaws in the plans they run over budget.
Because of HB the decision is that the eng fir, owes a duty of care to the general contractor.
Second issue: The letter from the bank contained a disclaimer which read “This information may not be reliable”
EXAM PREVIEW!!! – On the exam if there is a problem which contains a disclaimer, analyze the problem as if there is no disclaimer present give the legal decision. At the end bring up the disclaimer. Ex. “…However, because of the disclaimer the defendant was not liable…”
Importance of H/B: • Negligent Misrepresentation (by the bank) • Disclaimer issue • Expertise of a field (ex. The bankers should know the money situation of the client)
H/B is an important case and should be mentioned in every negligence problem.
Contributory Negligence: A court may find a plaintiff contributory negligent or partially responsible for their injuries. Ex. Man slips on ice at some establishment, his shoes are worn and not suitable to be worn.
SEE EXAMPLE ACQUASITIONS INC, ACME