Card Set Information
What are the 2 types of order?
What is the purpose of an interlocutory order?
Assist in preperation for trial or disposition without trial
does not end the lawsuit
; does not decide the ultimate issue-Involves the side matters not ultimate issues
i.e. 5 year prior history
What is a tort?
Protects the rights and particularly property from invasion. Provides concrete protection w/ respects to:...
-Negligence (new but most common), involves somebody acting less than a reasonable person causing loss, injury, damage to another person...
Reasonable X at some level
Intentional tort of battery
i.e. Touching another person w/o consent is a battery-Has to be contact that agreed upon by a reasonable person (assault-criminal NOT civil)
Civil vs. criminal Assault
An act that causes immenent harm
: Protects the psychological
: When claiming damages for someone conduct
What is unjust enrichment?
1 party has to recieve a benefit, the other has to have endured a corresponding deprivation.
There should be no (juristic) reason why one should be deprived and the other not
4. Specific performance
7. Some Family Law
8. Some administrative law
9. Some Criminal Law
Damages are the most common remedy sought in courts of British Columbia; there are all kinds of cases that arise for damages*
Can be broken down into 2:
: Compensation for loss suffered
: About actions and punishing the wrong-doer
Compensatory damages (3 types)
1. General damages
2. Special damages
3. Aggravated damages
(1 & 2 most common)
Damages that flow immediatly from the wrongful act of defendant.
Most common=Pain & suffering
it CANNOT be mathematically calculated; has to be assessed
Can generally be calculated; you can compute mathematically
Don't flow as immediatly from injury as general; more indirect
i.e. Car crash
45 physio visits x $100/visit
Some kind of conduct that give rise to punitive damages
: Compensate person harmed for extra harm that flows from nature of conduct
Awaraded in rare cases
Focused on conduct of the wrong-doer
Meant to punish high handed arrogant conduct
is one which requires the defendant to act positively-Remedy for PAST wrongs and un-do some wrong committed
Has the advantage of avoiding the problems and costs the parties and judicial system must incur if damages are to be assessed
Judicial statement confirming or denying a legal right of the applicant