Thursday, June 20, 2019

Real World Examples of Canadian Public and Private Law and Assignment

Real World Examples of Canadian Public and Private Law and International Law - Assignment ExampleIt is founded on the apprehension of what a reasonable man would do to foster others from injuries and/or property damage as a result of their activities. Canadian liability insurance policies protect policy holders whether individuals or firms from the consequences of unintended torts, commonly negligence. They do not insure intended torts such as assault because they are completely within the causation of the perpetrator to prevent and therefore uninsurable because they are not accidental. Because of Canadas winter climate, a very common example of tort is negligence for bankruptcy to tale reasonable steps to keep business and residential parking lots and sidewalks free from the hazards of ice and snow. In theory this does not mean, for example, that a investment trust is automatically responsible for injuries suffered by a person falling on an icy sidewalk. They would not be liabl e if the accident happened in the midst of a storm, but if the business failed to salt and sand after the storm passed they would be judged responsible by a court. Unfortunately, in practical terms insurers usually prevail to pay claimants something, for example out of pocket expenses regardless of their degree of negligence if any. However, their exposure can be reduced if businesses keep a log demo when they salted and sanded to demonstrate their efforts to keep the premises as safe as possible. In other words, while such tort negligence claims usually wait some insurer payout, the amount can be reduced significantly if the business shows it did all it reasonably could under the circumstances. 2). charter Law Artifact Canadian contract law refers to that branch of civil law which pertains to the conditions required for a valid enforceable contract or agreement between parties.( Canadian Contract Law) Unlike tort law it is not based on judicial precedent but on the specific ter ms of the particular contract. They are usually written but can be verbal. They may be based on negotiated terms between the parties or on standard wordings as some(prenominal) insurance contracts are. Analysis Binding contracts are freely entered into agreements between individuals, groups and/or businesses to perform a specified service or provide a designated harvest-time to the other contracted party/parties in exchange for consideration, that is, money, benefit, right or interest, or some forbearance, loss or responsibility given, suffered or undertaken by the other. ( fashioning and Breaking Contracts). It also must be a clear, unequivocal, direct offer to another party to contract which is accepted on the same basis by this party to become a binding contract. In Canada there are certain situations where a court will not enforce a contract, for example, if it involves the delegating of a crime, it is entered into by people deemed mentally incompetent, and therefore unable to understand its terms, and in some cases involving minors unless the court declares it provides a clear and undeniable benefit to the minor, or can be revoked by the young person without penalty. Otherwise, to ensure enforceability it is very important that the terms be clear, consistent precise and point of reference all foreseeable eventualities. Especially in Canada in the case of standard wordings written exclusively by insurers, any ambiguities will be interpreted in favor of the policyholder. 3). Criminal Law Artifact The Canadian Criminal Code may be regarded as a

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.