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Chapter 10 In Law 12 Textbook

1426 words - 6 pages

Chapter 1010.1-10.21. Define "tort" and give three original examples of torts.Tort- a civil wrong or injury, other than breach of contract, for which the injured party may seek damages from the wrongdoerEx: car accidents, property damages, personal possessions2. Why is tort law constantly changing?Tort law is constantly changing because society is constantly recognizing the effect of different circumstances and their results.Ex. Wearing bicycle helmets. - recognizing that a helmet does protect again serious head trauma.3. Using an original example, explain how an offence can be both a crime and a tort.Ex: Leaving your swimming pool open to the public without proper safety precautions in place.4. What is the primary purpose of tort law?5. Name the secondary purposes of tort laws.The primary purpose of tort laws is to compensate the victim for present and future expenses.10.31. What kinds of dollars limits exist for cases tried in Small Claims Court?Depending on the province you live in depends on the limit you can claim for.It ranges from $1000- $10 000.2. List four examples of cases that could be tried in your province's Small Claims Court.Landlord and tenant conflicts, consumer complaints, unpaid bills, recovery of personal property, unpaid wages, consumer debts, and claims for minor car accidents.3. Why are juries seldom used in civil suits?They are not used because it helps to keep the cost of the court to a minimum.4. What types of appeals will the Supreme Court of Canada hear?They will only hear cases from the Federal Court of Canada and Provincial Court of Appeal that they believe are of national importance or in which an important issue or question of aw must be decided or interpreted.10.41. Explain the meaning of "balance of probabilities" as it relates to civil actions.Balance of probabilities- the degree of proof in a civil action; a greater likelihood.2. Why must a minor be represented by a "next friend" in a civil suit?If the person is under the age of majority, 18 or 19 years of age, who wishes to sue, must be represented by an adult who will ensure that the minor's action is responsible.3. List four key pieces of information that must appear on a summons or claim?Must include the full name and address of the plaintiff, the full name and address of the defendant, the reason for the claim and the amount the plaintiff is suing for.4. Briefly outline the four options available to a defendant who is being sued.· The defendant can pay the amount plus the costs to the Small Claims Court office within 10 days,· The defendant can pay part of the claim to the Small Claims Court office and wait for the plaintiff to accept the amount and drop the balance of the claim or pursue the case· The defendant can prepare a statement of defense, which outlines the reasons for disagreeing with the...

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