CANADIAN LEGAL SYTEM
Purposes of law –
1) To maintain the integrity of state boundaries,
2) To maintain law and order,
3) To protect citizens from each other,
4) To provide a civilized forum for resolving disputes between citizens. 5) To protect citizens from illegal or oppressive government action 6) Provide a civilized forum for resolving disputes between citizens and government 7) Establish and maintain standards relating to areas such as health, education and employment 8) Establish and maintain a wide range of standards, such as working conditions ans product safety. Divisions of law – 1) Substantive Law- Rights and remedies: Public Law= Criminal, Private Law= Civil. 2) Procedural Law- Rules and procedures Sources of law – 1) royal prerogatives- Direct pronouncements of the sovereign, 2) Legislative enactments- Federal and provincial.
3) Delegated lawmaking- Municipalities and administrative boards 4) Judge- Made law- common law
Canadian courts: -
Supreme Court of Canada- (Federal) - 9 justices with jurisdiction over all law, does not conduct new trials Superior – (provincial) - federally appointed judges with jurisdiction to hear: Serious criminal cases, Divorce, civil cases, administrative law applications from boards and tribunals Ontario court of Justice- (provincial)- Judges are provincially appointed, Divided into divisions such as; criminal, family, youth, small claims. Provincial boards/tribunals/commissions- Include liquor licensing, Landlord/tenant, zoning, and occupational safety boards
LAW OF CONTRACTS
Essential elements of a contract (6)-
1) offer, 2) Acceptance, 3) consideration, 4) Capacity, 5) Intention, 6) Legality Privity Rule- Both benefits and obligations under a contract are usually confined to the parties to it. Exceptions- 1) Vicarious liability of employers for breaches by employees( in their normal course of duty), 2) tort Law bypass- Lets persons not a party to a contract sue in...