Module 3: Tort Law Flashcards Preview

MOS 2275: Business Law > Module 3: Tort Law > Flashcards

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

distributive justice

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

2

retributive justice

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

3

strict liability

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

4

worker's compensation

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

5

automobile insurance

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

6

vicarious liability

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

tort of trespass

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

tort of nuisance

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

tort of assault, battery

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

10

tort of conversion

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

tort of defamation

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

12

tort of conspiracy

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

tort of fraud

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

14

tort of false imprisonment

unlawful detention or physical restraint or coercion by psychological means

15

tort of malicious prosecution

prosecuting someone without a belief in their guilt

16

inducing breach of contract (interference with contractual relations)

business-related tort paying someone to breach a contract

17

intentional interference w/ economic relations

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

18

injurious falsehood / malicious falsehood

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

19

invasion of privacy

business-related tort

20

contributory negligence

defence argues plaintiff was negligent

21

voluntary assumption of risk

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

product liability

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

23

occupier's liability

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

24

alcohol-related liability

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

professional liability

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

primary liability

liability that arises due to one's own personal wrongdoing

27

tort-feasor

a person who commits a tort

28

joint tort-feasors

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

29

pecuniary damages

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

30

non-pecuniary damages

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