Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
123 Cards in this Set
- Front
- Back
- 3rd side (hint)
Primary obligations in Tort Law are |
Imposed by the torts themselves |
|
|
A tort is |
A failure to fulfill a primary obligation that was imposed by law |
|
|
A secondary obligation in tort law |
Involves compensation and is backward looking |
|
|
There is no ____ concept in tort law |
Privity |
|
|
The main objective in tort law is |
To compensate the plaintiff |
|
|
Intentional torts involve |
Intentional (not careless) conduct |
|
|
Re: intent: tortfeaser need only have |
Intended to act (rather than to have intended to cause injury) |
|
|
Re: intent: tortfeaser need only have |
Intended to act (rather than to have intended to cause injury) |
|
|
Assault occurs when |
Defendant intentionally causes plaintiff to believe that offensive bodily contact is imminent |
|
|
Re: intent: tortfeaser need only have |
Intended to act (rather than to have intended to cause injury) |
|
|
Assault occurs when |
Defendant intentionally causes plaintiff to believe that offensive bodily contact is imminent |
|
|
Battery consists of |
Offensive bodily contact |
|
|
Intrusion upon selection exists where |
The defendant intentionally invades the plaintiffs private affairs without justification in a way that a reasonable person would find offensive |
Privacy |
|
Public disclosure of private facts exists where |
The defendant gives publicity to a matter concerning the private life of another and if the matter publicized or the act of the publication would be highly offensive to a reasonable person AND is not of legitimate concern to the public |
|
|
A tortfeaser is |
A person who has committed a tort |
|
|
A tortfeaser is |
A person who has committed a tort |
|
|
Negligence torts occur when |
The tortfeaser acts carelessly 1. Duty of Care 2. breach of standard of care 3. Causation of harm due to lack of care/breach |
|
|
Intentional torts occur when |
The tortfeaser intentionally acts in a certain way |
|
|
Strict liability torts occur when |
A wrong occurs without tortfeaser a intent and without them acting careless |
No intent |
|
Liability insurance is |
A contract in which an insurance company agrees (in exchange for a price) to pay damages on behalf of a person who incurs liability |
|
|
Duty to defend requires that |
The insurance company defend (at its own expense) any lawsuit that is brought against the insured policy |
|
|
False imprisonment is |
When a person in confined within a fixed area without justification |
|
|
Defences to false imprisonment |
Consent Imprisonment done w/ authority |
|
|
Malicious prosecution is |
When the defendant improperly causes the plaintiff to be prosecuted |
|
|
Trespass to land occurs when |
The defendant improperly interferes with the plaintiffs land |
|
|
Intention (for trespass) requirement is satisfied if |
The defendant intended to do the action that resulted in the interference with the plaintiffs land, even if they didn’t intend to trespass |
|
|
Chattels are |
Moveable forms of property |
|
|
Vicarious Liability occurs when |
One person is held liable for a tort committed by another person |
|
|
An independent contractor is |
A worker who is not as closely connected to the employers business as is the employee |
|
|
5 factors used in court to determine if someone is an employee or independent contractor |
1. Employer controls what, how, when and where things are done for employees 2. The employee uses the employees premises and equipment 3. Employee paid regular wage vs contractor who is paid lump sum 4. Employee integrated into employers business whereas independent contractor has their own business 5. Employee withholds income tax for employees |
|
|
In compensatory damages, the tortfeaser is required to pay the plaintiff money to |
Put the plaintiff back to pre-tort condition |
|
|
Damages are only payable if |
The plaintiffs injury was caused by the tort and the injury isn’t too remote |
|
|
A loss is remote if |
The loss wasn’t reasonable foreseeably causes by the tort |
|
|
Remoteness doesn’t apply to |
Intentional torts |
|
|
Mitigation occurs when |
The plaintiff takes steps to minimize losses |
|
|
Punitive damages are |
Intended to punish the defendant and deter other potential wrongdoers |
|
|
Punitive damages are used where the defendant has |
Committed tort and acted in a “harsh, vindictive, reprehensible, and malicious manner” |
|
|
Trespass to Chattels occurs when |
The defendant interferes with chattels in the plaintiffs possession |
|
|
Trespass to Chattels occurs when |
The defendant interferes with chattels in the plaintiffs possession |
|
|
Conversion occurs when |
The defendant interferes with plaintiffs chattels in a way that is serious enough to justify a forced sale |
|
|
Trespass to Chattels occurs when |
The defendant interferes with chattels in the plaintiffs possession |
|
|
Conversion occurs when |
The defendant interferes with plaintiffs chattels in a way that is serious enough to justify a forced sale |
|
|
A forced sale is where |
The defendant is forced to buy the plaintiffs property after they took, damages, etc that property |
|
|
Detinue occurs when |
The defendant fails to return a chattel that the plaintiff is entitled to possess |
|
|
Detinue occurs when |
The defendant fails to return a chattel that the plaintiff is entitled to possess |
|
|
The right of reception allows a person to |
Take their property back without going to court (but only using reasonable force to do so) |
|
|
Consent exists if |
A person voluntarily agrees to experience an interference with their body, land, or goods |
|
|
3 things about consent |
Can be express or implied Is valid only if free and informed Is usually revocable |
|
|
Self-Defence consists of |
The right to protect oneself from violence and the threat of violence |
|
|
Nominal damages symbolically recognize that |
The defendant committed a tort even though the plaintiff did not suffer any loss |
|
|
Torts that are per se |
Are torts where suffering damage isn’t required |
|
|
Injunction is |
A court order that requires a defendant to do something or refrain from doing something |
|
|
Alternative Compensation Schemes is |
A system that allows a person who has suffered an injury to receive compensation without bringing an action in tort |
|
|
Alternative Compensation Schemes is |
A system that allows a person who has suffered an injury to receive compensation without bringing an action in tort |
|
|
Compensation under ACS is |
Usually lower than under tort law |
|
|
Workers compensation requires |
Employees to contribute to a general fund |
|
|
Workers compensation assures employers that |
Workers who are injured on the job can’t sue in tort |
|
|
No fault insurance allows |
Recovery from a fund without proving fault |
|
|
Necessity applies if |
The defendants acts were justified by an emergency |
|
|
Legal authority provides |
A person with a lawful right to act a certain way |
|
|
Provocation consists of |
Words or actions that would cause a reasonable person to lose self control |
|
|
Contributory negligence occurs when |
The plaintiff is partially responsible for the injury that the defendant tortuously causes |
|
|
Conspiracy occurs when |
Two or more people agree to act together with the primary purpose of causing the plaintiff to suffer a financial loss |
|
|
Conspiracy occurs when |
Two or more people agree to act together with the primary purpose of causing the plaintiff to suffer a financial loss |
|
|
Intimidation occurs when |
Then plaintiff suffers a loss because of the defendants threat to commit an unlawful act against either the plaintiff or a third party |
|
|
Conspiracy occurs when |
Two or more people agree to act together with the primary purpose of causing the plaintiff to suffer a financial loss |
|
|
Intimidation occurs when |
Then plaintiff suffers a loss because of the defendants threat to commit an unlawful act against either the plaintiff or a third party |
|
|
Aggressive competition is generally acceptable when |
It is one party against the other but not when two or more parties act against another |
|
|
If the defendants were committing an unlawful act, the court will not require |
Primary purpose element |
|
|
Re: intimidation, the threatened party must |
Have given into the threat |
|
|
Interference with contractual relations occurs when |
The defendant disrupts a contract that exists between the plaintiff and a third party |
|
|
Three-part test for negligence |
1. duty of care owed by the defendant to the plaintiff 2. Breach of the standard owed by the defendant to the plaintiff under duty of care 3. Causation of harm resulting from the breach of standard of care |
|
|
Duty of care arises when |
The defendant is required to use reasonable care to avoid injuring the plaintiff |
|
|
If duty of care has not already been found to exist in similar circumstances this is the three-part test |
Was it reasonably foreseeable that plaintiff would suffer harm from the carelessness; were the parties in a relationship of sufficient proximity, and; is there any policy reason why a duty of care shouldn’t be found |
|
|
Sufficient proximity will exist for a duty of care to be found regarding professional misstatements where |
The defendant knew the plaintiff might rely upon the statement and the plaintiff relied on the statement for its intended purposes |
|
|
This test is used to determine if the defendant breached the standard of care owed under that duty |
Reasonable person test requires the defendant to act in the same way that a reasonable (prudent) person would act in similar circumstances |
|
|
4 elements of interference |
The defendant knew about the contract between the plaintiff and the third-party The defendant intended to cause the third-party to breach (whether harm to plaintiff was intended or not) Defendant must actually cause the third-party to breach the contract Plaintiff must suffer actual loss as a result of the defendants conduct |
|
|
4 elements of interference |
The defendant knew about the contract between the plaintiff and the third-party The defendant intended to cause the third-party to breach (whether harm to plaintiff was intended or not) Defendant must actually cause the third-party to breach the contract Plaintiff must suffer actual loss as a result of the defendants conduct |
|
|
Three elements of unlawful means tort |
Defendant must have committed actionable wrong against third-party Defendant must have intended to injure plaintiff Plaintiff must Have suffered economic loss |
|
|
4 elements of interference |
The defendant knew about the contract between the plaintiff and the third-party The defendant intended to cause the third-party to breach (whether harm to plaintiff was intended or not) Defendant must actually cause the third-party to breach the contract Plaintiff must suffer actual loss as a result of the defendants conduct |
Poaching |
|
Three elements of unlawful means tort |
Defendant must have committed actionable wrong against third-party Defendant must have intended to injure plaintiff Plaintiff must Have suffered economic loss |
Commit Intent Loss |
|
The tort of deceit occurs if |
The defendant makes a false statement, which he knows to be untrue, which intends to mislead the plaintiff, and which causes the plaintiff to suffer a loss |
|
|
A false statement can be |
Spoken or written and can be a half truth or a failure to update the information |
|
|
With the tort of deceit the false statement can be made to |
A third-party rather than directly to the point of the court need only find that the defendant was substantially certain the plaintiff would be misled |
|
|
With the tort of deceit the plaintiffs loss must |
Result from them reasonably relying on the false statement |
|
|
Occupiers liability requires |
And occupier of premises to protect visitors from harm |
|
|
An Occupier is |
Any person who has substantial control over premises example being a tenant |
|
|
A visitor is |
Any person who enters onto premises |
|
|
Premises include |
More than land: for example can be stairs, vehicles, airplanes etc. |
|
|
Reasonable care by an occupier depends upon |
The potential danger to the visitor The occupiers cost of removing the danger The purpose of the visit and the nature of the premises |
|
|
An occupier can avoid liability by |
Issuing a warning of the danger: for example a sign |
|
|
Under statute the landlord can be liable for injuries to tenants guests if |
They failed to make repairs required under their lease with the tenant Section 6 of the BC occupiers liability act |
|
|
To be shown to have failed to meet the standard of care owed for product liability, the defendant must have |
Carelessly manufactured the item that caused the harm Carelessly designed the product Failed to warn potential customers of dangers connected to foreseeable use of the product |
|
|
The But-for test requires |
The plaintiff to prove that it would not have suffered a loss but for the defendants carelessness |
|
|
The balance of probabilities test says that |
If there is a 51% chance that the defendant caused the plaintiffs injury, the defendant will be 100% liable |
|
|
The test used to determine duty of care is |
Reasonable foreseeability test |
|
|
The test used to determine whether the standard of care was breached is |
Reasonable person test |
|
|
The test used to determine whether there was causation of harm is |
But-for |
|
|
If different defendants caused the same injury to the plaintiff then the defendant’s can be held |
Jointly and severally liable |
|
|
In Thin-skull cases |
If a normal person would not have suffered an injury, the defendant is not liable If a normal person would have suffered some injuries, the defendant is completely liable |
|
|
In Thin-skull cases |
If a normal person would not have suffered an injury, the defendant is not liable If a normal person would have suffered some injuries, the defendant is completely liable |
|
|
Intervening act is |
An event that occurs after the defendants carelessness and that causes the plaintiff to suffer an additional injury |
Douglas college icy stairs
|
|
Contributory negligence occurs when |
A lost cause partly by the defendants carelessness and partly by the plaintiffs own carelessness |
|
|
Valenti non fit injura |
Applies if the plaintiff freely agreed to accept a risk of injury is a complete defence; meaning the plaintiff cannot recover any damages |
|
|
In volenti, the plaintiff must |
Be found to have consented to the physical risk and to have given up the right to sue the defendant for negligence |
|
|
Ex turpi causa is when |
The plaintiff suffered the injury while behaving illegally |
|
|
The tort of nuisance occurs when |
The defendant unreasonably interferes with the plaintiffs use and enjoyment of its own land |
|
|
Three ways in which interference (re: land) can arise |
Chemical omissions or vibration that cause physical damages Smells and sounds that impair the enjoyment of the plaintiffs land Something on the defendants land that does not travel to the plaintiffs land, such as a sewer system that drains water from the plaintiffs |
|
|
Five things that courts consider when evaluating whether interference is reasonable |
The nature of the neighbourhood The time and day of the interference The intensity and duration of the interference The social utility of the defendants conduct The defendants conduct |
|
|
The tort of Ryland’s V Fletcher |
Where the defendant has conducted a non-natural use of its land and something escapes from that land the defendant will be strictly liable for resulting damage to the plaintiff |
Gas escaping |
|
Non-natural use is |
Any use that creates special damage or that creates a special and unusual damage |
|
|
Defences to Ryland’s v Fletcher tort |
Consent by plaintive to defendants non-natural use of land Escape being caused by a third-party or natural force that defendant couldn’t have guarded against Plaintiffs injury was the inevitable result of an activity that the defendant was statutorily authorized to do |
|
|
The tort of defamation occurs when |
The defendant makes a false statement that could lead a reasonable person to have a lower opinion of the plaintiff |
|
|
Slander is |
A defamation statement that is spoken |
|
|
Slander is |
A defamation statement that is spoken |
|
|
Libel is |
A defamation statement that is written |
|
|
Defamatory statements must |
Be published |
|
|
Publication occurs when |
A statement is communicated to a third-party |
|
|
Injurious falsehood or product falsehood occurs when |
The defendant makes a statement about the plaintiffs business that causes the plaintiff to suffer a loss |
|
|
Slander of title is |
When the defendant falsely says the plaintiff doesn’t have title to property making it harder for the plaintive to sell the property |
|
|
Slander of quality is |
Where the defendant disparages the plaintiffs product in a way that causes potential customers to take their business elsewhere |
|
|
Three important elements of injurious falsehood |
The statement must be false and must have been made to a third-party Defendant must have acted out of malice Defendant statement must have resulted in damages to the plaintiff |
|
|
Ex turpi causa only applies where the plaintiff has attempted to use the system to |
Profit from it illegal act or avoid a criminal penalty |
|