Chapter 10 Flashcards
What is a tort?
A harm caused by one person to another, other than through a breach of contract, and for which the law provides a remedy.
A wrong to another person
The interference with another’s person, property, or reputation.
How are torts differentiated?/what are the two main categories of tort?
Intentional VS negligence.
Define torts committed through negligence
Unreasonable conduct that is committed through a careless act or omission, that causes harm to another.
What are the parties involved in a tort called?
Defendant: A person against whom a claim is laid
Plaintiff: A person who motioned the lawsuit
How is a tort proven and how does this process differ from criminal law?
Based on a balance of probabilities whereas in a criminal action elements must be proven beyond a reasonable doubt.
What are the two types of liabilities and how do they differ from one another?
Primary Liability: Arises due to one’s own personal wrongdoing
Vicarious liability: Arises due to the relationship that someone has with the person who actually commits the tort.
What are joint-tort feasors?
Two or more persons whom a court has held to be jointly responsible for the plaintiff’s loss or injuries.
How does contributory negligence differ from vicarious liability?
A Defence used by defended when arguing that the plaintiff is at least partially responsible for the harm that has occurred. Vicarious liability does not have to be active, it can arise due to the mere existence of a pre-existing entity or relationship whereas contributory negligence occurs due to live actions that took place. Lastly, Contributory negligence is a defence practice vicarious liability is more often associated with the plaintiff’s claim.
What is one other example of a remedy provided by a tort other than monetary compensation?
Injunction, meaning an order that restrains a person from beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act.
What is the main purpose of Workers Compensation and what does it prohibit?
main purpose is to provide monetary compensation for work-related injuries and illnesses, prohibits an employee from suing the employer for negligence.
What are two types of damages in tort law?
Non-pecuniary damages and pecuniary damages.
Define non-pecuniary damages and provide an example
they are general damages. they compensate for pain and suffering, loss of enjoyment of life, and loss of life expectancy.
What are pecuniary damages and what do they compensate for?
Specific damages such as out-of-pocket expenses, loss of future income, cost of future care.
what is the exception to the rule that damages are only for compensating the victim?
Punitive damages are an award to the plaintiff to punish the defendant for malicious, oppressive and high-handed conduct.
Why is it better to sue in the US than in Canada?
because you are guaranteed a trial by jury and punitive damages are less in the US than in Canada because civil matters in Canada are litigated in the presence of a judge usually.
