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CIVIL LAW
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Why Sue? Money (Damages) Justice Injunction (Court Order)
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Who are the parties? Litigants Plaintiff (Person suing)
Defendant (People being sued) Third Parties (People being sued by the defendant)
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How do you sue? Writ of Summons Statement of Claim Served on Defendant
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How do you defend? Statement of Defence Counterclaim Third Party Claim
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Civil Remedies Divide into Groups of Four
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Civil Remedies 1 - General Damages - Pecuniary 396
2 - General Damages - Non- pecuniary 3 - Special Damages Punitive Damages Nominal Damages 399 4 - Specific Performance Injunctions
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Questions p. 404 -- Questions 1-4
Louis Vuitton case on p Questions 1,3,4 pp Questions 5, 6, 7, 12, 13 Cases on p.411 & 414
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Why can you sue? Breach of Contract Tort Equitable Remedy
Statutory Standing (e.g. Family Law)
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Torts Tort: Harm caused to a person or property for which the law provides a civil remedy
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Torts Two Types: Unintentional Torts - injuries caused by accident or an action not intended to cause harm (negligence) Intentional Torts - actions intended to cause injury with others
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Intentional Torts (pp. 441-466)
Assault Battery False Imprisonment Malicious Prosecution Intentional Infliction of Nervous Shock Invasion of Privacy
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Homework Do questions 1-6 on p. 450
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Intentional Torts Trespass to Land Nuisance Trespass to Chattels
Conversion
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Defences to Intentional Torts
Consent - “Volenti non fit injuria” “Voluntary assumption of risk” Self-Defence Defence of Third Party Legal Authority
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CASE Minet v. Kossler (p. 455)
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Defamation of Character
Inuring a person’s reputation or good name Slander - verbal Libel - Written
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Defences to Defamation
Truth Fair Comment (honest & without malice) Absolute Privilege (Court & Parliament) Qualified Privilege
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