Civil Law

Damages is the term used referring to the amount of compensation awarded in a civil lawsuit.

• There are several different categories for which money damages are awarded.

General damages are those which are difficult to calculate.

• They can be sub-divided into pecuniary and non- pecuniary general damages.

include the loss of future earnings and the cost of future care.

include pain and suffering, the loss of the enjoyment of life and the shortening of one’s life

Special damages are easy to calculate. Often, documents, e.g. receipts, can be produced to verify the amount that should be awarded.

• They may include: repairs to damaged property, medical expenses and time off work prior to the trial.

Punitive damages are awarded to punish and to deter.

• They are often awarded when the tort was intentional.

Nominal damages are a small, token amount of money, e.g. $1, awarded when a plaintiff is technically correct but has suffered very little actual loss.

The loser in a civil action may be ordered to pay “costs”.

• This means that they must pay the legal fees for the winning party

In addition to monetary damages a civil court may issue an injunction as part of the judgement.

• An injunction is a court order that directs the losing party to do something, e.g. repair damaged property or refrain from doing something, e.g. stop polluting.

General Non-Pecunary

Special

Punitive

Nominal

General Pecunary

Costs

The plaintiff contributed to their own injury either in whole or in part

The plaintiff agreed to accept the risk normally associated with thatactivityA waiver may have been signed before an activity. A waiver doesnot automatically exonerate someone.

An injury may be the result of an accident that is rare and could nothave been anticipated or prevented by any amount of reasonablecare

All provinces have a law that states that a plaintiff must sue within aspecific period of time after the injury occurs.

It is the responsibility of the winner of a lawsuit to collect their money. If the loser does not pay the winner may go to court, where some enforcement options are available

The loser of a lawsuit is compelled to testify under oath: what their assets are, how much money they have and why they haven't paid.

- A percentage of a debtor's pay is deducted and paid to the court for the plantiff

- Bank accounts and other sources of income can also be garnished

A debtor's property can be seized by the sheriff. If the debt is not paid by a certain time, the property is sold with the money going to the plaintiff.

1. The product design is free of defects

2. The consumer is informed on how to use the product safely

3. The consumer is warned of any risks associated with using the product

Anyone who owns or rents property has an obligation to protect anyone who comes onto their property

A person conducting buisieness with owners consent - the highest standard to warn against all dangers known and should have been known by the owner

A friend or acquaintance visiting - a duty to warn against all known dangers

A person on the property without permission - a duty to warn of any unusual dangers and one cannot purposely injure a tresspasser who poses no threat

- In the case of children certain property owners have to take reasonable measures for safety

eg. Fence around a pool

Certain relationships may result in a person being liable for the actions of another

Employers - employees

Parents for their children

Car drivers amd owners are usually equally responable

A patient is required to know what is going to happen to them so that they are able to agree to that

Providing Sub-Standard Care

Means providing care for which proper consent has not been granted doctors can provide live saving care without consent

thin skull rule, is a common law that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort.