Chapter 10 Flashcards
Tort
any harm or injury that one person caused to another through breach of contract – and for which the law provides a remedy
Two categories
intentional & negligence
Primary liability
the wrongdoer is always personally liable
vicarious liability
employers are vicariously liable for wrongs their employees commit in the ordinary course of employment
vicarious liability is justified on three grounds:
- the employer should bear costs of operating a business if its going to reap the benefits
- a plaintiff stands a better chance of recovering against the owner
- gives the employer an incentive to prevent injury to others
tort
a harm caused by one person to another, other than through breach of contract, and for which the law provides a remedy
Intentional tort
A harmful act that is committed deliberately
false imprisonment
unlawful detention or physical restraint by psychological means
battery
intentional infliction of harmful or offensive physical contact
Joint tort-feasors
two or more persons whom a court has held to be jointly responsible for the plaintiff’s loss or injuries
Contributory negligence
a defence claiming that the plaintiff is at least partially responsible for the harm that has occurred
Workers compensation legislation
legislation that provides no-fault compensation for injured employees in lieu of their right to sue in tort
Non-pecuniary damages
compensation for pain and suffering, loss of enjoyment of life, and loss of life expectancy
pecuniary damages
compensation for out-of-pocket expensess
aggravated damages
compensation for intangible injuries such as distress and humiliation caused by the defendant’s reprehensible conduct
