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58 Cards in this Set
- Front
- Back
Tort
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An action that causes harm or injury to another person
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Crime
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An offence listed in the Criminal Code of Canada and prosectured by the State
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Breach of Contract
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Failure of one party to live up to contractual obligations
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Negligence
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An unintentional or careless act that results in injury to another
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General Damages
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Compensation for incalucuable losses such as pain and suffering
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Special Damages
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Monetary compenstation awarded by court to cover actual expenses and calculable losses
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Punitive Damages
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Same as punitive damages
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Exemplary Damages
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Same as punitive damages
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Vicarious liability
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An employer can be held liable for the tortious acts that their employee commits while at work
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Assault
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An action that makes a person think they are about to be struck
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Battery
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The actual unwelcome physical contact
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Consent
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A defence to an action in tort in whcih the tortfeasor claims the victim agreed to battery
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Self-defence
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A person can respond to an assault with as much force as is reasonable in the circumstances
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Trespass
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Being on another's property without permission or legal right
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Continuing trespass
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Permanent unlawful incursion onto another's property
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False Imprisonment
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Holding someone against their will and without lawful authority
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Private nuisance
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The use of property in such a way that it interferes with a nighbour's enjoyment of theirs
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Defamation
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A published detrimental statement about a person
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Innuendo
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An implied statement that is detrimental to another
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Libel
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Written or broadcast defamation
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Slander
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Spoken defamation heard by at least one third party
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Defence of justification
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When defamatory statement is the truth
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Absolute Privilege
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In some settings statements are protected - legislature or court
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Qualified privilege
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Statements made in relation to a duty
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Fair Comment
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Statements made about public figures
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Privacy
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The right to protect private personal information
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Reasonable person test
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establishes he judicial standard of acceptable behaviour
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Duty
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An obligation to live up to a reasonable standard
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Reasonable foreseeability test
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Determines what a person should have anticipated would be the consequences of their action
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Misfeasance
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Wrongful conduct
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Nonfeasance
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Failure to do something when situation required it
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Res ipsa loquitur
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The facts speak for themselves
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Prima facie case
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on the face of it
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Causation
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determing whether the act actually csed the injury
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"but for" test
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had it not been for the act of the defendant the injury would not have occurred
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remoteness
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determining whether the damages were too far removed from the original negligent act
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thin skull rule
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you take you victim as you find them
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crumbling skull rule
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not responsible for inevitable loss
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last clear chance doctrine
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the last person capable of avoiding the accident is responsible
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volenti non fit injuria
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voluntairily assuming a clear legal risk
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Contributory negligence
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the injured party did something to increase the chance of injury
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occupier's liability
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the obligation imposed on the resident of the premises
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Vicarious liability
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an innocent person may be held responsible for an injury caused by another if there is a special relationship between them
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Product liability
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manufacturers owe a duty when users are injured by their products
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Negligent misstatement
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Careless words that cause economic loss
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Strict liability
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responsiblity imposed even when there is no fault
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Circumstantial evidence
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a person who puts themselves forwards as an expert must live upt o the standard expected of such an expert
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professional liability
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a person who puts themselves forward as an expert must live p to the standard expected of such an expert
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reasonable standard of performance
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implied term of contract with a professional that they can be held to the standards of the profession
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inducing breach of contract
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encouraging someone to break their contract with another
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deceit
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deliberately misleading another causing injury
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breach of trust
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failing in your duty of good faith
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fiduciary duty
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an obligation to act in the best interest of a business associate
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fradulent misrepresentation
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someone misleads you by deception or reckless disregard for truth
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conversion
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intentionally taking another's goods to use for own purposes
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conflict of interest
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personal benefits are in conflict with duty to someone else
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Injurious falsehood
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attacking the reputation of another's product or business
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liability insurance
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insurance coverage for a person's own careless conduct
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