Ch 10/11/12 - Tort Law

Question 1

tort

Answer 1

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

Question 2

trespass to land

Answer 2

wrongful interference with someone’s possession of land

Question 3

deceit or fraud

Answer 3

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

Question 4

negligence

Answer 4

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

Question 5

tort-feasor

Answer 5

person who commits a tort

Question 6

intentional tort

Answer 6

harmful act that is committed on purpose

Question 7

assault

Answer 7

threat of imminent physical harm

Question 8

battery

Answer 8

intentional infliction of harmful or offensive physical contact

Question 9

vicarious liability

Answer 9

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

Question 10

joint tort-feasors

Answer 10

two or more persons whom a court has held to be jointly responsible for the plaintiff’s loss or injuries

Question 11

contributory negligence

Answer 11

deference claiming that the plaintiff is at least partially responsible for the harm that has occurred

Question 12

workers’ compensation legislation

Answer 12

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

Question 13

non-pecuniary damages

Answer 13

compensation for pain and suffering, loss of enjoyment of life, and loss of life expectancy

Question 14

pecuniary damages

Answer 14

compensation for out of pocket expenses, loss of future income and cost of future care

Question 15

punitive damages

Answer 15

an award to the plaintiff to punish the defendant for malicious, oppressive, and high handed conduct

Question 16

aggravated damages

Answer 16

compensation for intangible injuries such as distress and humiliation caused by the defendant’s reprehensible conduct

Question 17

reasonable care

Answer 17

the care a reasonable person would exhibit in a similar situation

Question 18

duty of care

Answer 18

responsibility owed to avoid carelessness that causes harm to others

Question 19

neighbour

Answer 19

anyone who might reasonably be affected by the defendant’s conduct

Question 20

prima facie

Answer 20

at first sight or on first appearances

Question 21

reasonable person

Answer 21

the standard used to judge whether a person’s conduct in a particular situation in negligent

Question 22

causation

Answer 22

the relationship that exists between the defendant’s conduct and the plaintiff’s loss or injury

Question 23

remoteness of damage

Answer 23

the absence of a sufficiently close relationship between the defendant’s action and the plaintiff’s injury

Question 24

thin skull rule

Answer 24

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

Question 25

pure economic loss

Answer 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

Question 26

voluntary assumption of risk

Answer 26

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

Question 27

negligent misstatement or negligent misrepresentation

Answer 27

an incorrect statement made carelessly

Question 28

professional

Answer 28

someone engaged in an occupation requiring the exercise of special knowledge education and skil

Question 29

third party

Answer 29

one who is not a party to an agreement

Question 30

product liability

Answer 30

liability relating to the design, manufacture, or sale of the product

Question 31

strict liability

Answer 31

the principle that liability will be imposed irrespective of proof of negligence

Question 32

occupier

Answer 32

someone who has some degree of control over land or buildings ont hat land

Question 33

contractual entrant

Answer 33

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

Question 34

invitee

Answer 34

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

Question 35

licensee

Answer 35

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

Question 36

trespasser

Answer 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

Question 37

nuisance

Answer 37

any activity on an occupier’s property that unreasonably and substantially interferes witht he neighbour’s rights to enjoyment of the neighbour’s own property

Question 38

trespass to land

Answer 38

wrongful interference with someone’s possession of land

Question 39

false imprisonment

Answer 39

unlawful detention or physical restraint or coercion by psychological means

Question 40

legal authority

Answer 40

the authority by law to detain under section 494 of the Criminal Code

Question 41

deceit

Answer 41

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

Question 42

passing off

Answer 42

presenting another’s goods or services as one’s own

Question 43

interference with contractual relations

Answer 43

incitement to break the contractual obligations of another

Question 44

defamation

Answer 44

the public utterance of a false statement of fact or opinion that harms another’s reputation

Question 45

justification

Answer 45

a defence to defamation based on the defamatory statement being substantially true

Question 46

qualified privilege

Answer 46

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

Question 47

fair comment

Answer 47

defence to defamation that is established when the plaintiff cannot show malice and the defendant can show that the commont concerned a matter of public interest, was factually based, and expressed a view that could honestly be held by anyone

Question 48

responsible communication on matters of public interest

Answer 48

defence that applies where some facts are incorrectly reported but (1) the publication is on a matter of “public interest” and (2) the publisher was diligent in trying to verify the allegation

Question 49

absolute privilege

Answer 49

defence to defamation in relation to parliamentary or judicial proceedings

Question 50

injurious or malicious falsehood

Answer 50

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