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Desy Wahyuni (talk | contribs) (Created page with "{{LSLAP Manual TOC|expanded = smallclaims}} == Causes of Action == The cause of action is the claimant’s reason for bringing a suit against the defendant. While there mus...") |
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#'''Misrepresentation:''' If the other party made a statement to you before the contract came into existence that you relied on in entering the contract and that turned out to be false, you may be able to have the contract set aside. | #'''Misrepresentation:''' If the other party made a statement to you before the contract came into existence that you relied on in entering the contract and that turned out to be false, you may be able to have the contract set aside. | ||
#'''Frustration:''' frustration occurs when an unforeseen event renders contractual obligations impossible or radically changes the primary purpose of the contract. Frustration is also another complicated area in contract law. Legal advice should be sought. | #'''Frustration:''' frustration occurs when an unforeseen event renders contractual obligations impossible or radically changes the primary purpose of the contract. Frustration is also another complicated area in contract law. Legal advice should be sought. | ||
*'''Breach of Employment Contract (implied terms)''' – The courts cannot enforce statutory rights such as those found in the ''Employment Standards Act'', as special adjudicative bodies have been created to rule on these types of claims and have exclusive jurisdiction over them. However, many parallel rights exist at common law and may be enforced by the courts. At common law, employment contracts contain numerous implied terms that are actionable through Small Claims, such as the requirement to give reasonable notice or payment in lieu upon termination of an employee. The fact that no written | *'''Breach of Employment Contract (implied terms)''' – The courts cannot enforce statutory rights such as those found in the ''Employment Standards Act'', as special adjudicative bodies have been created to rule on these types of claims and have exclusive jurisdiction over them. However, many parallel rights exist at common law and may be enforced by the courts. At common law, employment contracts contain numerous implied terms that are actionable through Small Claims, such as the requirement to give reasonable notice or payment in lieu upon termination of an employee. The fact that no written employment contract was signed does not disqualify an employee or former employee from claiming for breach of these terms. See LSLAP Manual [[Chapter 6 – Employment Law]] for more details. | ||
**Defences: Just cause: If an employer terminates an employee for just cause the employer is not required to give the terminated employee reasonable notice or pay in lieu. The onus to prove just cause is on the employer, and the standard is generally hard to meet. See LSLAP Manual Chapter 06—Employment Law for more details. Debt– Debt claims arise where the defendant owes the complainant a specific sum of money, often for a loan or for unpaid goods or services. There may be some overlap between debt and breach of contract. oDefences: As there likely will be some overlap between debt and breach of contract, see the defences above under breach of contract. 2) Rare Causes of ActionBreach of Confidence - Breach of confidence occurs when the defendant makes an unauthorized use of information that has a quality of confidence about it and was entrusted to him/her by the claimant in circumstances giving rise to an obligation of confidence. Nuisance– Nuisance may be private or public. Private nuisance is defined as interference with a landowner or occupier’ s enjoyment of his/her land that is both substantial and unreasonable. It can include obnoxious sounds or smells or escaping substances, but does not usually arise from the defendant’ s normal use of their own property. An interference with the enjoyment of land is “substantial” if it is not trivial; that is, it amounts to something more than a slight annoyance or trifling interference. Whether the interference is “unreasonable” depends on the circumstances. Factors that courts will consider (but are not bound to) in assessing reasonableness include the seriousness of the interference, the neighbourhood and surrounding area, and sensitivity of the plaintiff. Public nuisance may be thought of as a nuisance that occurs on public property or one that affects a sufficient number of individuals that litigating to prevent it becomes the responsibility of the community at large. Trespass to Chattels– Where the defendant interferes with the claimant’ s goods without converting them to the defendant’ s personal use. Trespass to Land– Trespass to land is actionable even where it occurred by the defendant’ s mistake. The claimant does not need to show a loss, although their award may be reduced commensurately if the trespass does not cost them anything. Conversion– Conversion is defined as wrongful interference with the goods of another in a manner inconsistent with the owner’ s right of possession. This includes theft; it also includes instances where the defendant genuinely believes the goods belong to him/her, even if (s)he purchased them innocently from a third party that stole them. It also applies when the defendant has sold the goods or otherwise disposed of them. The remedy is usually damages for the value of the goods and possibly for losses incurred by the detention of the goods. The value of the goods is assessed from the time of the conversion. Unjust Enrichment– Where the defendant was enriched by committing a wrong against the claimant, the claimant suffered a corresponding loss, and there was no juristic reason for the enrichment. 3) Causes of action to see a lawyer aboutAssault– Contrary to its criminal law equivalent, civil assault is defined as intentionally causing the claimant to have reasonable grounds to fear immediate physical harm. Mere words or verbal threats are |