LAWS 1000 Lecture Notes - Lecture 2: Intentional Tort, The Strongest, Contra Proferentem
14 Jul 2020
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Document Summary
Legislation is rules set down by the government (acts, codes). At a provincial level, new legislation or an amended legislation is created. Division of powers: who writes the laws and what the laws are about? (engineering is provincial legislation, criminal code is federal legislation) Common law is judge made law: past decisions are important to current cases. The strongest decisions are made by the supreme court of canada. The state is initiating the action and bringing proceedings against the party. Sentence is imposed on the party (when guilty), nothing on the victim. The victim in bringing private legal action against the wrong-doer. If the wrong-doer is liable, the victim gets the money. The person has breached the contract which is a private law between two people, they create the obligations themselves. A set of standards of behavior imposed on all of us. Committing a tort is doing something against one of these standards.
