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Real World Examples of Canadian Public and Private Law and International Law - Assignment Example

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IDENTIFY Real World Examples of Canadian Public and Private Law and International Law 1). Tort Law Artifact Torts or wrongful acts may be committed by individuals or business. An example of tort law is the law of negligence.( Civil Law in Canada {Torts}) A person may carelessly bump into another causing him/her to fall, sustaining injuries…
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Real World Examples of Canadian Public and Private Law and International Law
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Download file to see previous pages It is founded on the notion of what a reasonable man would do to protect others from injuries and/or property damage as a result of their activities. Canadian liability insurance policies protect policy holders whether individuals or firms from the consequences of unintended torts, usually negligence. They do not insure intended torts such as assault because they are completely within the power of the perpetrator to prevent and therefore uninsurable because they are not accidental. Because of Canada’s winter climate, a very common example of tort is negligence for failure to tale reasonable steps to keep business and residential parking lots and sidewalks free from the hazards of ice and snow. In theory this does not mean, for example, that a store is automatically responsible for injuries suffered by a person falling on an icy sidewalk. They would not be liable if the accident happened in the midst of a storm, but if the business failed to salt and sand after the storm passed they would be judged responsible by a court. Unfortunately, in practical terms insurers usually have to pay claimants something, for example out of pocket expenses regardless of their degree of negligence if any. However, their exposure can be reduced if businesses keep a log showing when they salted and sanded to demonstrate their efforts to keep the premises as safe as possible. In other words, while such tort negligence claims usually require some insurer payout, the amount can be reduced significantly if the business shows it did all it reasonably could under the circumstances. 2). Contract Law Artifact Canadian contract law refers to that branch of civil law which pertains to the conditions required for a valid enforceable contract or agreement between parties.( Canadian Contract Law) Unlike tort law it is not based on judicial precedent but on the specific terms of the particular contract. They are usually written but can be verbal. They may be based on negotiated terms between the parties or on standard wordings as many insurance contracts are. Analysis Binding contracts are freely entered into agreements between individuals, groups and/or businesses to perform a specified service or provide a designated product to the other contracted party/parties in exchange for consideration, that is, money, benefit, right or interest, or some forbearance, loss or responsibility given, suffered or undertaken by the other. ( Making and Breaking Contracts). It also must be a clear, unequivocal, direct offer to another party to contract which is accepted on the same basis by this party to become a binding contract. In Canada there are certain situations where a court will not enforce a contract, for example, if it involves the commission of a crime, it is entered into by people deemed mentally incompetent, and therefore unable to understand it’s terms, and in some cases involving minors unless the court declares it provides a clear and necessary benefit to the minor, or can be revoked by the young person without penalty. Otherwise, to ensure enforceability it is very important that the terms be clear, consistent precise and address all foreseeable eventualities. Especially in Canada in the case of standard wordings written exclusively by insurers, any ambiguities will be interpreted in favor of the policyholder. 3). Criminal Law Artifact The Canadian Criminal Code may be regarded as a ...Download file to see next pagesRead More
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