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What are the 2 types of order?
What is the purpose of an interlocutory order?
- Assist in preperation for trial or disposition without trial
- It does not end the lawsuit; does not decide the ultimate issue-Involves the side matters not ultimate issues
- i.e. 5 year prior history
- Can be contested or uncontested
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
- Criminal: Protects the psychological
- Civil: 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
- 1. Damages
- 2. Injunctions
- 3. Recision
- 4. Specific performance
- 5. Declarations
- 6. Restitution
- 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:
- 1. Compensatory: Compensation for loss suffered
- 2. Non-compensatory: About actions and punishing the wrong-doer
Compensatory damages (3 types)
- 1. General damages
- 2. Special damages
- 3. Aggravated damages
(1 & 2 most common)
- CompensatoryDamages 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
- Purpose: Compensate person harmed for extra harm that flows from nature of conduct
- -High-handed/arrogant 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