Soft tissue damage is usually unseen. That means to people around you your injuries seem like phantom boo-boos, but in reality you’re in real pain. Family, friends, and other loved ones need to show empathy to those with soft tissue damage as these injuries do not come with broken bones or prolonged bruising.
You may slowly find yourself doing less and less around the house because your injuries are getting worse and worse. To those around you it may seem as if you’re physically fine on the outside and are just getting lazy! Remember, just because it can’ tbe seen doesn’t mean you aren’t hurt!
The idea of modernizing finance law has spread around the world. Secured financing is a way to stimulate economic growth and modernize an economy. In theory, capital is not used to develop the community because of the lack of legal infrastructure by which banks can lend capital and can hold an expectation to get it back. Many developing countries adopt systems patterned on the Canadian system.
In Canadian law, the core of the system is the security interest. What is a security interest? A secured interest is Propriety interest in the debtors property. This allows assertion of the nemo dat principle. The secured creditor defeats anyone who thereafter who takes an interest in the property.
Continue reading “Secured Financing Intro”
Types of intentional torts include:
Battery – unwanted intentional touching
Assault – threat of battery
Intentional infliction of mental suffering
Intentional interference with chattels (theft)
Continue reading “Intentional Torts and Types”
Here are some introductory points on the tort of negligence.
The Elements of a Negligence Action –
Remember, the plaintiff usually has the burden of proving the first five, while the defendant has the burden of proving the sixth.
1. Duty of Care (limiting step) – there are policy considerations that can lead to the finding and non finding of a duty of care; this duty of care exists when it is reasonably foreseeable that your actions will have an effect on another person.
2. Standard of Care and its Breach – in most (but not all) negligence actions, the standard of care is the reasonable person standard .
3. Causation – has the breach of the duty of care caused an injury to the plaintiff? But for the breach of the duty of care, would the injury have occurred?
4. Remoteness of Damages (limiting step) – also called legal causation; if the damages are found to be too remote from the breach of the standard of care, then the plaintiff will not win the case.
5. Actual Loss – without loss, the plaintiff will not be successful (as opposed to intentional torts)
6. Defences – voluntary assumption of risk, illegality
The rules of employment contracts are similar to the rules of contract in general. For example, as per the freedom of contract, one is fully entitled to choose whether or not they want to enter into a contract. This applies to employment contracts as well. Employers are free to decide whether or not they want to enter into a contract with you i.e. hire you. Just like in regular contracts, the principles of offer, acceptance, consensus ad idem, etc are necessary to form an employment contract. An employer cannot unilaterally impose a contractual term onto an employee.
Administrative actor: subject to the principles of admin law. Includes persons or bodies that exercise statutory or prerogative power. Boards, tribunals, etc are usually given authority pursuant to statute.
Judicial review: administrative actors are subject to judicial review. It is part of public law where superior courts under s96 engage in surveillance of lower tribunals to ensure they are acting legally. S96 courts derive their power from s96 of constitution, hence the name. The role of s96 courts in judicial review is part of their inherent authority. Federal courts operate differently they operate as equivalent as s96 court however they have statutory power, not inherent power. When they invented federal courts they took some powers that should belong to s96 courts and gave them to federal courts.
Sample cases where judicial review does or does not apply.
Continue reading “Definitions of Administrative Law (Canada)”
In Canada, depending on the province where you reside, there are certain benefits that your insurer has to pay to you after you’ve been in a car accident. Often referred to as the ‘Section B’ insurer, insurance has to pay certain benefits. Generally speaking, there are both income loss and medical expense benefits that are potentially payable. An often overlooked entitlement under the Section B benefits in Alberta is the right to claim $135 a week if you are not employed and are unable to perform your household duties. This is often referred to as the ‘homemaker’s benefit’. The relevant section of the policy reads as follows :
Continue reading “Specific Section B benefits, Insurance Benefits”
Most people have heard of whiplash, but few actually know exactly what it is and how severe it can be. Essentially, whiplash is the stretching of the ligaments in the head, neck and shoulders. In medical terms, this is called “hyperextension” or is often referred to as a “sprain”. The most common cause of whiplash is after a road traffic collision, when the seatbelt keeps your body still, but your head is thrown forward.
In most cases, whiplash only lasts for a few weeks or months. However, around 15% to 20% of people who suffer whiplash go on to experience long-term chronic pain. In addition, even if symptoms of whiplash do stop, it doesn’t mean the head or neck ligaments are fully repaired and even a small jolt could bring on the symptoms again.
Continue reading “The Symptoms of Whiplash and Possible Side Effects”
A type of custom that cannot be avoided.
E.g. a persistent objector cannot opt out of a jus cogens norm.
Jus cogens is in contravention on a strict positivist approach because it does not seem to based on state consent because states are bound by these norms even if they do not consent to them. The existence of jus cogens still remains somewhat controversial, however they have achieved quite an wide scope of acceptance. The notion of jus cogens is that these norms are owed by states to all of the international law community.
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In tort law if you come from the perspective of the economist then judges behave ‘as if’ they were setting precedents that discourages negligent behaviour. There are two primary approaches:
1) ex ante: precedent used as deterrent,
2) ex post: used to compensate victims.
Continue reading “Tort Law Approaches in Economics”