Busi 3613 Chapter 10-12

Front 1

TORT

Back 1

A harm caused by one person to another, other than through breach of contract, and for which the law provides a remedy.

Front 2

TRESPASS TO LAND

Back 2

Wrongful interference with someone's possession of land.

Front 3

DECEIT OR FRAUD

Back 3

A false representation intentionally or recklessly made by one person to another that causes damage.

Front 4

NEGLIGENCE

Back 4

Unreasonable conduct, including a careless act or omission, that causes harm to another.

Front 5

TORT-FEASOR

Back 5

Person who commits a tort.

Front 6

INTENTIONAL TORT

Back 6

A harmful act that is committed on purpose.

Front 7

ASSAULT

Back 7

The threat of imminent physical harm.

Front 8

BATTERY

Back 8

Intentional infliction of harmful or offensive physical contact.

Front 9

VICARIOUS LIABILITY

Back 9

The liability that an employer has for the tortious acts of an employee committed in the ordinary course or scope of employment.

Front 10

JOINT TORT-FEASORS

Back 10

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

Front 11

CONTRIBUTORY NEGLIGENCE

Back 11

A defence claiming that the plaintiff is at least partially responsible for the harm that has occurred.

Front 12

WORKERS' COMPENSATION LEGISLATION

Back 12

Legislation that provides no-fault compensation for injured employees in lieu of their right to sue in tort.

Front 13

NON-PECUNIARY DAMAGES

Back 13

Compensation for pain and suffering, loss of enjoyment of life, and loss of life expectancy.

Front 14

PECUNIARY DAMAGES

Back 14

Compensation for out-of-pocket expenses, loss of future income, and cost of future care.

Front 15

PUNITIVE DAMAGES

Back 15

An award to the plaintiff to punish the defendant for malicious, oppressive, and high-handed conduct.

Front 16

AGGRAVATED DAMAGES

Back 16

Compensation for intangible injuries such as distress and humiliation caused by the defendant's reprehensible conduct.

Front 17

REASONABLE CARE

Back 17

The care a reasonable person would exhibit in a similar situation.

Front 18

DUTY OF CARE

Back 18

The responsibility owed to avoid carelessness that causes harm to others.

Front 19

NEIGHBOUR

Back 19

Anyone who might reasonably be affected by another's conduct.

Front 20

PRIMA FACIE

Back 20

At first sight or on first appearances.

Front 21

REASONABLE PERSON

Back 21

The standard used to judge whether a person's conduct in a particular situation is negligent.

Front 22

CAUSATION

Back 22

The relationship that exists between the defendant's conduct and the plaintiff's loss or injury.

Front 23

REMOTENESS OF DAMAGE

Back 23

The absence of a sufficiently close relationship between the defendant's action and the plaintiff's injury.

Front 24

THIN SKULL RULE

Back 24

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 than it otherwise might be.

Front 25

PURE ECONOMIC LOSS

Back 25

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.

Front 26

VOLUNTARY ASSUMPTION OF RISK

Back 26

The defence that no liability exists as the plaintiff agreed to accept the risk inherent in the activity.

Front 27

NEGLIGENT MISSTATEMENT OR NEGLIGENT MISREPRESENTATION

Back 27

An incorrect statement made carelessly.

Front 28

PROFESSIONAL

Back 28

Someone engaged in an occupation requiring the exercise of special knowledge, education, and skill.

Front 29

THIRD PARTY

Back 29

One who is not a party to an agreement.

Front 30

PRODUCT LIABILITY

Back 30

Liability relating to the design, manufacture, or sale of the product.

Front 31

STRICT LIABILITY

Back 31

The principle that liability will be imposed irrespective of proof of negligence.

Front 32

OCCUPIER

Back 32

Someone who has some degree of control over land or buildings on that land.

Front 33

CONTRACTUAL ENTRANT

Back 33

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

Front 34

INVITEE

Back 34

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

Front 35

LICENSEE

Back 35

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

Front 36

TRESPASSER

Back 36

Any person who is not invited onto the property and whose presence is either unknown to the occupier or is objected to by the occupier.

Front 37

NUISANCE

Back 37

Any activity on an occupier's property that unreasonably and substantially interferes with the neighbour's rights to enjoyment of the neighbour's own property.

Front 38

TRESPASS

Back 38

The act of coming onto another's property without the occupier's express or implied consent.

Front 39

FALSE IMPRISONMENT

Back 39

Unlawful detention or physical restraint or coercion by psychological means.

Front 40

DECEIT

Back 40

Misrepresentations that are made fraudulently or recklessly, causing loss.

Front 41

PASSING OFF

Back 41

Presenting another's goods or services as one's own.

Front 42

INTERFERENCE WITH CONTRACTUAL RELATIONS

Back 42

Incitement to break the contractual obligations of another.

Front 43

DEFAMATION

Back 43

The public utterance of a false statement of fact or opinion that harms another's reputation.

Front 44

QUALIFIED PRIVILEGE

Back 44

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.

Front 45

ABSOLUTE PRIVILEGE

Back 45

A defence to defamation in relation to parliamentary or judicial proceedings.

Front 46

FAIR COMMENT

Back 46

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.

Front 47

INJURIOUS OR MALICIOUS FALSEHOOD

Back 47

The utterance of a false statement about another's goods or services that is harmful to the reputation of those goods or services.