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58 Cards in this Set

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