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53 Cards in this Set
- Front
- Back
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What is tort law? |
A private (civil) wrong |
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Personal liability involves... |
one person being held accountable when their wrongful conduct causes injury or loss to another |
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What is vicarious liability |
an employer is vicariously liable for all torts committed by employees in the course of their employment |
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Intentional torts involve... |
DELIBERATE acts |
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Battery is a form of |
tresspass to person |
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For assault to take place, the threat of violence is... |
Immediate and possible. |
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How could doctors be charged with battery? |
Without proper consent before operation |
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What are 2 defences of assault and battery? |
Consent and self-defence |
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Do consent and self-defence justify the use of physical force? |
Yes, but WITHIN REASON |
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Is false imprisonment an intentional tort? |
Yes |
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What is false imprisonment |
apprehending someone improperly or without authority |
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Does false-imprisonment involve jail-cells or handcuffs |
no! |
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What is trespassing? |
Voluntary conduct without authority (ex. going onto someone's property without their permission) |
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If trespasser is unaware of their trespassing, is it still actionable? |
Yes! |
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What is continued trespassing? |
Building something on someone elses land |
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Can trespassing be considered criminal? |
Yes! |
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What is private nuisance? |
One person using their property in such a way as to interfere with a neighbors use of their property (ex. fumes, odor etc.) |
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In order for private nuisance to be actionable, does it have to be reasonably foreseeable? |
Yes! |
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What is defamation? |
Derogatory and false statements |
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What is verbal defamation? |
Slander |
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What is written defamation? |
Libel |
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What are some defences to defamation? |
Justification, absolute privilege, qualified privilege, fair comment, reasonable communication |
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Defamation: What is absolute privilege? |
statements made on floor of legislation or as part of trial cannot be considered defamation |
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Defamation: What is qualified privilege? |
Given to doctors, accountants, and other professionals that protects them from defamation as long as comments are made without malice |
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Defamation: What is fair comment? |
Mostly used by media, protects from defamation as long as the comment is a viable conclusion (despite being unpopular) BUT the comments must be based off of facts |
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Defamation: what is reasonable communication? |
Protects journalists, as long as their conclusions were reasonable and based off attempts to get the facts (even if comments were false and derogatory) |
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Negligence involves... |
Inadvertent or careless conduct causing an injury or loss to another |
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To prove negligence what are the 3 steps that must be proven? |
1. Duty to Take Care 2. Failure to Take Care 3. Causation and Damage |
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How to prove failure to take care in a negligence case? |
Reasonable persons: What would an objective bystander have done in the same situation (better than average but less than perfect)? |
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What is reasonable foreseeability? |
We owe a duty to anyone we can reasonably forsee (anticipate) might be harmed by our product |
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What are the two stages of the Anns test? |
1. Is the injury or damage reasonably foreseeable? 2. Is there good reason to reduce or eliminate the duty of care? |
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What does the Anns test determine? |
If there is a duty that exists |
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What is the reasonable persons test? |
What would an objective, reasonable person do in the same situation? |
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What is strict liability? |
Negligence even when the owner took precautionary steps (ex. a pet escaping and damaging a neighbor) |
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Can trespassers sue for negligence? |
Yes! |
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Can someone sue for negligence even if they didn't get hurt? |
No... |
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Defences against negligence? |
Contributory negligence, volutary assumption of risk, remoteness |
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What is contributory negligence? |
The plaintiff is also negligent - the penalties will be apportioned. This happens during a counterclaim |
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What is voluntary assumption of risk in a negligence defence? |
victim voluntarily assumed the legal risk and physical risk. Difficult to prove and an unlikely defence to be successful. Even if they sign a waiver... |
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What is remoteness? |
A negligence defence - the injury or loss was too remote and in other words it wasn't reasonably foreseeable. |
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What is the thin skull rule? |
The degree of penalty will rely on the victim (injuring a pianists hand is worse than a lawyers hand...) |
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What is the crumbling skull rule? |
Speeding up an inevitable process (pianists hand had arthritis. |
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What is privity of contract? |
Only the parties to a contract have obligations. When there is no contract that exists between the parties the only option is to sue for negligence |
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What is professional liability? |
Professionals have direct contractual liability to their clients, AND THIRD PARTIES (these parties can sue in tort for negligence) |
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What is fiduciary duty? |
Requires good faith and clients' interests to be put first |
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WIll insurance significantly reduce the risk of tort liability? |
Yes! |
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Can negligence be criminal? |
Yes! |
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What is fraud or deceit? |
One person intentionally misleads another, cheating him/her out of money or obtaining some sort of advantage |
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What is injurious falsehood/product defamation? |
Defamation when false infomration is intentionally spread to harm the sales of a particular product |
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What is a passing-off action? |
Misleading people into thinking they're associated with a reputable business when they aren't |
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What is trespass to chattels? |
Takes place when someone damages or otherwise interferes with some item of personal property such as a vehicle or other equipment |
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What is conversion? |
Theft, but broader |
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What does SLAPPS stand for? |
Strategic Lawsuits Against Public Participation |
