Module 3: Tort Law Flashcards Preview

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Flashcards in Module 3: Tort Law Deck (46)
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1
Q

distributive justice

A

distributing wealth; concerned with tort law. on the burden of proof must prove there is a balance of probabilities

2
Q

retributive justice

A

criminal law; concerned with punishment and holding ppl accountable. burden of proof is now to prove beyond a reasonable doubt

3
Q

strict liability

A

defendant is liable no matter what (irrespective of proof of negligence)

4
Q

worker’s compensation

A

injured at the job; an exception of tort law being fault-based compensation

5
Q

automobile insurance

A

example of exception of tort law being fault-based (no fault required - you will be compensated regardless)

6
Q

vicarious liability

A

employers are legally responsible for the wrongful acts of their employees who are acting in the scope of their employment (not based on fault, but based on the RELATIONSHIP at fault)

7
Q

tort of trespass

A

intentionally entering someone’s property w/o consent. in order to succeed, plaintiff needs to prove defendant was on property w/o consent - burden of proof is on plaintiff until they are successful (shifts to defendant); actionable PERSE (damages need not be proved)

8
Q

tort of nuisance

A

any activity on an occupier’s property that unreasonably and substantially interferes w/ the neighbour’s rights to enjoyment of the neighbour’s own property (i.e. noise, ashes, unpleasant odours)

9
Q

tort of assault, battery

A

battery: touching someone w/o consent
assault: THREATENING to touch someone w/o consent

10
Q

tort of conversion

A

dealing with goods in a manner that is inconsistent with the owners rights (i.e. if is tole your laptop and sold it to your neighbour, crime is theft but tort is conversion)

11
Q

tort of defamation

A

saying untrue statements which harm’s someone’s reputation. spoken = slander, written = libel

12
Q

tort of conspiracy

A

entering into a contract for the purposes of doing something illegal; even if you’re not the one doing the illegal thing, you could be held liable if you entered into a contract who did the illegal thing (though there must be intent)

13
Q

tort of fraud

A

the making of a false statement knowingly causing damages i.e. misrepresentation

14
Q

tort of false imprisonment

A

unlawful detention or physical restraint or coercion by psychological means

15
Q

tort of malicious prosecution

A

prosecuting someone without a belief in their guilt

16
Q

inducing breach of contract (interference with contractual relations)

A

business-related tort paying someone to breach a contract

17
Q

intentional interference w/ economic relations

A

business-related tort paying someone not to do business with someone else

18
Q

injurious falsehood / malicious falsehood

A

business-related tort like defamation, but for business or products. i.e. making untrue statements intentionally about the iphone

19
Q

invasion of privacy

A

business-related tort

20
Q

contributory negligence

A

defence argues plaintiff was negligent

21
Q

voluntary assumption of risk

A

waivers, limitation clauses; argument that plaintiff voluntarily consented to risk (if this is proved, plaintiff is completely out of luck so it’s rare)

22
Q

product liability

A

manufacturer of products owes a duty of care to the consumers of those products

23
Q

occupier’s liability

A

owners of land owe a duty of care to guests (even trespassers)

24
Q

alcohol-related liability

A

people who serve alcohol (commercial hosts) have standard of care to those who consume it. includes social hosts (people hosting a party); business-related holiday parties must be extra careful

25
Q

professional liability

A

experts owe a duty of care to people who rely on their advice (RELIANCE is key); misrepresentation that is fraudulent or negligent can be held liable in tort law. experts negligent for what they didnt do

26
Q

primary liability

A

liability that arises due to one’s own personal wrongdoing

27
Q

tort-feasor

A

a person who commits a tort

28
Q

joint tort-feasors

A

two or more persons whom a court has held to be jointly responsible for the plaintiff’s loss or injuries

29
Q

pecuniary damages

A

compensation for out of pocket expenses, loss of future income, and cost of future care (tangible)

30
Q

non-pecuniary damages

A

compensation for pain and suffering, loss of enjoyment of life, and loss of life expectancy. also called general damages (intangible)

31
Q

aggravated damages

A

compensation for intangible injuries such as distress and humiliation caused by the defendant’s reprehensible (and plaintiff’s unlawful) conduct i.e. when store defective unlawfully restrains a customer, they have committed the tort of false imprisonment. if they also yelled insults humiliating the person, then court can award aggravated damages

32
Q

prima facie

A

at first sight or on first appearances

33
Q

proximity

A

parties are in such a close and direct relationship that it would be “just and fair having regard to that relationship to impose a duty of care in law”

34
Q

thin skull rule

A

the principle that a defendant is liable for the full extent of a plaintiff’s injury even where a prior vulnerability makes the harm more serious that it otherwise might be

35
Q

pure economic loss

A

financial loss that results from a negligent act where there has been no accompanying property or personal injury damage to the person claiming the loss

36
Q

volenti non fit injuria

A

voluntary assumption of risk

37
Q

contractual entrant

A

any person who has paid (contracted) for the right to enter the premises

38
Q

invitee

A

any person who comes onto the property to provide the occupier with a benefit

39
Q

licensee

A

any person whose presence is not a benefit to the occupier but to which the occupier has no objection

40
Q

legal authority

A

the authority by law to detain under section 494 of the Criminal Code

41
Q

passing off

A

presenting another’s goods or services as one’s own

42
Q

justification

A

a defence to defamation based on the defamatory statement being substantially true

43
Q

qualified privilege

A

a defence to defamation based on the defamatory statement being relevant, without malice, and communicated only to a party who has a legitimate interest in receiving it i.e reference letter

44
Q

fair comment

A

a defence to defamation that is established when the plaintiff cannot show malice and the defendant can show that the comment concerned a matter of public interest, was factually based, and expressed a view that could honestly be held by anyone i.e. a restaurant review

45
Q

responsible communication on matters of public interest

A

defence that applies where some facts are incorrectly reported but (1) the publication is on a matter of “public interest” and (2) the publisher was diligent in trying to verify the allegation

46
Q

absolute privilege

A

a defence to defamation in relation to parliamentary or judicial proceedings