• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

Card Range To Study



Play button


Play button




Click to flip

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;

47 Cards in this Set

  • Front
  • Back
What is Fault?
refers to blameworthy or culpable conduct, conduct that in the eyes of the law is unjustifiable because it intentionally or carelessly disregards the interests of others
What is Strict Liability?
strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability ie. dog owners liability
What is Vicarious Liability?
involves the liability of an employer to compensate for harm caused by an employee (even if he has given strict instruction to take proper care)
What does Negligence involve?
negligence involves anyone who carelessly causes an injury to another should compensate the victim for that injury
What are the elements of a Negligence action?
1. Defendant owed Plaintiff a duty of care
2. Defendant breached that duty
3. Defendant's conduct caused injury to the Plaintiff
(all 3 are necessary)
What is No-Fault?
Gives no blame to the defendant, as they partook in an action people cannot be accountable for
What is Product Liability, and what must the Plaintiff prove?
product liability involves a product which is claimed to be defective, the plaintiff must prove duty of care and causation of damages
What must the Defendant prove in a Product Liability case?
must prove that they met the standard of care, and that the product met certain production standards
What is the Burden of Proof, and whom does it fall upon?
burden is on the Plaintiff, as he must prove his case by the balance of probabilities ie. injured party must only establish that the defendant's care or product physically caused the injury
What is Contributory Negligence?
involves negligent actions of an inured party that contributes to his own loss or injury
What is Mitigation?
it is important to note that the plaintiff is expected to act reasonably to minimize o mitigate any damage suffered
What must be proven in a case of Inherently Dangerous Products?
the product producer has a duty to warn, and the plaintiff must prove the 3 elements of negligence. mitigation is often taken into account as there should be an assumption of risk by the plaintiff, and therefore a consensual lowering of the standard of care
Discuss the Relevance of Insurance
When an injured party recovers first from his insurance company, the right to pursue the claim against the wrongdoer shifts to the insurance company ie. the claim it subrogated to the insurance company who stand in the shoes of the victim to sue the defendant and collect
What is Occupiers Liability?
based on the level of liability you have to people coming onto the property you own or occupy.
1. invitee's are owed the highest duty - remove hazards you are aware of
2. licensees are afforded less duty - remove concealed dangers
*note, 1&2 are very similar
3. trespassers are afforded the least duty - must not deliberately harm ie. set a trap or fire a gun
What is Inducing Breach of Contract?
involves convincing someone to break a contract with a 3rd party, both the person who induced the breach and the person who broke the contract become liable
What is Deceit?
involves intentionally misleading someone for your own benifit
What is Conversion?
involves the wrongful exercise of control over goods, inconsistent with the ownership
What is Nuisance?
unreasonable interference with someone else's use and enjoyment of land.
1. Public - interfering with enjoyment of a public space ie. park
2. Private - when you interfere with an occupiers use and enjoyment of their land
What is Assault?
the threat of violence - often resolved in criminal court, but attackers may be liable to compensate victim
What is Battery?
the act of physical harm - covers any type of violence, from guns to doctors practicing without consent
What is Defamation?
saying things about a person which hurts their reputation and causes damage.
Libel - written
Slander - spoken
need to prove a genuine and significant injury
What are the 3 defenses of Defamation?
1. Absolute Privilege - certain places allow you to make defamatory statements (house of commons)
2. Qualified Privilege - allowed to make statements, but only to warn, not to insult
3. Fair Comment - an honest belief, with supporting evidence, that the defamatory statement is true
What is False Imprisonment?
involves unlawfully restraining of confining another person
Discuss Remedies
to restore the plaintiff to a position they would have been in before the tort had been committed.
1. Restitution - order to restore a plaintiff's property
2. Injunction - order to restrain a person from continuing a particular act
3. Mandatory Injunction - order requiring a person to do a particular act
What is Fiduciary Duty?
a duty imposed on someone with a special relation of trust to another person ie. a professional service. once imposed, the fiduciary must act in the best interest of the beneficiary, even if it goes against their best interests
What is Misrepresentation?
compromised of either:
1. Statement - giving false information (expert opinion is treated as fact)
2. Negligent Omission - silence when there is a duty to speak
Name the 3 types of Misrepresentation
1. Innocent - no one was right
2. Negligent - professional was wrong when others competent experts in the same field would have been correct
3. Fraudulent - expert intentionally tried to deceive you
Describe Negligent Misrepresentation
1. owes a duty of care - mistake must be foreseeable and foreseen by misrepresenter
2. standard of care - set by other professionals in the field
3. reliance - must prove that you relied on the information and that it caused damages
Describe Omissions
duty to take reasonable care includes duty not to omit essential steps in providing professional services
What are the elements of a Breach of Contract cause of action?
1. there is a contract
2. the contract contains terms that requires the other party to fulfill an obligation
3. Other party did not do what was required by the contract, so compensation is owing
What are the required Elements of a Contract?
Offer - tentative promise made by the offeror
Acceptance - must be unqualified or the contract is nullified
Consideration - the 'price' of the contract (price for which the promise is bought)
Intent - intention to form a contract is presumed unless proved otherwise, burden of proof is on the side seeking to rebut the contract
When does a contract Lapse?
when the offeree fails to accept the offer within a reasonable or specified amount of time
What is the difference between Bilateral and Unilateral Contracts?
Bilateral - A promise to pay now for a service performed later
Unilateral - A contract usually given to many people, where acceptance is communicated by performance of the contract - Carlill v. Carbolic Smoke
What is an Exception Clause?
A clause in a contract which exempts a party from liability, or limits liability to a certain $ figure
Explain Gratuitous Reduction of Debt (Foakes v. Beer)
when you voluntarily reduce a debt so that someone pays you faster. if you don't receive the full amount then you still may sue, which makes forming a new contract about repayment critical
Explain Void and Voidable
Void - the contract never existed and parties are put back to pre-contract state (rescission of contract)
Voidable - contract can be rescinded at the worse-off party's choice
Name the 3 ways to back out of a contract
1. Diminished Capacity
2. Legality of Contract
3. Mistake or Misrepresentation
What are the 3 different types of Misrepresentation
1. Fraudulent
2. Negligent
3. Innocent
(all three make contract voidable)
What is Duress?
Coercing someone to form a contract through the use of force (Voidable)
Describe Undue Influence
depriving someone of independent will by coercing them to sign a contract through means other than force (Voidable)
What is Mistake in Assumptions?
1. Existence - a mistake in the existence of the subject matter (Void)
2. Value - if risk of change was not foreseeable the (Voidable)
3. Identity - face to face (Voidable), Long distance real person (Void), Long distance fake person (Voidable)
What are the 3 possible Mistake about Terms?
1. Inadvertence - words used, or not used, unintentionally (Voidable)
2. Meaning of the Words - contractual wording is clear but there are 2 different valid meanings (Void)
3. Error in Transcription -
Minors - Void or Voidable?
Voidable (other than life necessities)
Corporations - Void or Voidable?
Ultra Vires Contracts - out of company jurisdiction therefore Void
Illegal/Enemy Aliens - Void or Voidable?
Bankruptcy - Void or Voidable?
Void when in bankruptcy
Insane/Drugs/Alcohol - Void or Voidable?