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17 Cards in this Set
- Front
- Back
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What is the origin of the word "tort," and what does it mean? |
French word meaning "wrong" Tort is an improper behaviour by one person that causes injury to another, usually unintentionally Can be physical, emotional, or financial |
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What is the principal purpose of Tort Law? |
To compensate victims of harm caused by the activities of others AKA to place the injured party back in the position s/he would have been, had the tortious act not occurred
Compensatory, NOT punitive
Between individuals, not the state |
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What is meant by "strict liability"? Should liability ever be strict? History and evolution? |
Liability imposed based on causation (regardless of fault) Historically required a writ (a category of wrongdoing acknowledged in law) Our tort system today is fault based* *some do not require an element of fault |
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Fault |
Unjustifiable injurious conduct that intentionally or carelessly disregards the interests of others |
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Definition of Tort Law |
A wrongful act (harm) done to the person or property of another |
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Conduct scale |
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Nuisance (Public vs. Private) |
Unintentional tort
Public: interference with use of public land/amenities E.g. blocking public roads
Private: interference with an occupier's use and enjoyment of land E.g. excessive noise, noxious fumes |
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Trespass (to property) |
Unintentional tort The act of entering someone else's land w/o consent
Harm must be caused If a trespasser has caused damage to the property the then land owner can bring an action in court |
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Elements of a cause of action (4) |
1) Intention 2) Entering property 3) W/o consent 4) Causing harm
All elements must be present for claim to go forward
The onus (duty/responsibility) is on the plaintiff to prove the elements of the cause of action |
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Assault and Battery |
Intentional torts Considered to be a "trespass to the person" Two distinct torts but usually found together Assault: threat of violence to a person Battery: Unlawful touching of a person (w/o consent) |
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Intentional Infliction of Mental Distress |
Intentional tort Intent to cause harm Recognizable physical or psychopathological harm must occur |
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False imprisonment |
Intentional tort Unlawfully restraining or confining another person Doesn't need to be physical, can be psychological It's not false imprisonment if charges are laid by the police |
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Malicious Prosecution |
Intentional tort Reporting a person to the police when there is no good reason to believe that person committed a crime |
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Defamation |
Intentional tort Making an untrue statement that causes injury to the reputation of another Slander - spoken Libel - written |
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Defamation elements (5) |
1) Intent (maliciousness) 2) Statement is made 3) Statement is false 4) Statement is published (made to a 3rd party) 5) Statement must cause "genuine and significant injury" to the reputation of the plaintiff |
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Defences to defamation (3) |
The statement was true (plaintiff loses) Qualified privilege - statement made in good faith and with honest belief in its truthfulness ("I was not doing it with intention" eg. False reference letter) Responsible communication on matters of public interest (particularly News and Media industries) |
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Defences to intentional torts (5) |
Consent: where the injured party consented to the act that caused the harm, there is no tort; Absolute defence; Must be genuine and informed consent Self-defence: the party asserting the defence needs to show that the self defence was necessary; and that no excessive force was used Necessity: this is a defence to trespass, where the right of way is impassable; or no other option but to destroy property Eg. Knocking down building to prevent spread of fire Volition: act must he voluntary Capacity: Requirement of mental capacity to form intent; if absent, forms a complete defence |
