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Flashcards in Tort Law Deck (23)
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1

strict liability
--> example

When a person/ party is legally responsible for the consequences of an activity
--> defective equipment caused damage; the company is liable

2

Employee tortious liability
--> example

Employers must ensure health & safety for employees as far as REASONABLY pRACTICABLE
--> not changed rubber shoes; employees fault for not putting them on

3

Vicarious Liability
--> example

When someone is held responsible for the actions of someone else
--> racism, sexual harassment, religious concerns in course of employment

4

Tort of negligence

Legal wrong by someone at the hands of another that did not take the proper care of what could be as foreseeably risky

5

Defamation

A FALSE statement that can harm the reputation of a secondary party

6

Defamation Defenses (7)

1. Truth: Facts are true
2. Honest opinion: based on facts
3. The publication is based on public interest
4. Qualified privilege
5. Absolute privilege
6. Offer to make amends (apology/pay for damage)
7. Innocent dissemination (for parties publishing unwillingly)

7

Occupier's liability

When the occupier owes a duty of care to its visitors

8

Elements of NEGLIGENCE (3)

1. Duty of care of the defendant
- Reasonable foreseeability
- Proximity between parties
2. Breach of duty of care
3. Causation of damage due to behavior

9

Defamation requirements (3)

1. The statement must be defamatory
2. The statement must be directed to CLAIMANT
3. The statement must be PUBLISHED

10

Rules under 'remoteness' (2)
--> Describe

1. Thin skull - Liable to the full extent despite not being aware of conditions (i.e. non-visible knee problem)
2. Novus Actus intervenients - A new act broke the chain of causation; the person is released of liability

11

Tort

A civil wrongdoing

12

Tortious compensation types (2)

1. Compensatory - Damages compensated financially
2. Punitive - Court orders/prohibits the party to do something

13

Defense types to negligence (2)
--> Explain them

1. Contributory negligence
- The claimant can be partly blamed
- Reduction of damages
2. Volenti non-fit injuria
- The claimant assumed risk knowingly and freely
- The claim is 100% defeated

14

Tortious vs. Contractual liability
--> Difference

Under TORTIOUS liability, the rules are imposed by the LAW. Under CONTRACTUAL, the rules are dependent on the conditions set BETWEEN THE PARTIES

15

Types of Nuisance (2)

1. Public Nuisance
2. Private Nuisance

16

Public Nuisance

The defendant interferes unreasonably with the rights of a community

17

Private Nuisance

The defendant interferes unreasonably with an individual's enjoyment of his land

18

Res ipsa loquitur

"The facts speak for themselves"

19

Joint and several liability
--> example

All involved parties are jointly liable. Otherwise, also individually liable.
--> If the debt has to be paid and only one of the 3 owners has money to repay, he has to do so.

20

Void/Voidable contract factors (5)

1. Misrepresentation (Voidable)
2. Duress/undue influence (Voidable)
3. Mistake (Void)
4. Illegality (Void)
5. Restraint of trade (Void)

21

Proximity clause

There is a cause- and effect relationship

22

Qualified Privilege

For journalists; Allows free expression and communication. However, free communication must relate to the business at hand (not applicable if taking advantage of the job as a journalist)

23

Absolute Privilege

Right to not be sued for defamatory statements expressed by individuals in the parliament or in similar governmental bodies (not applicable if taking advantage of their respective job)