Chapter 10 Flashcards
What is a Tort?
Harm or injury cause by one to another other than through a breach of contract. It provides compensation to the injured party
What is Trespass to Lan?
Wrongful interference with someone’s possession of land
What is Deceit or Fraud?
False representation, intentionally or recklessly made by one to another to cause damages
What is Negligence?
Most common tort, careless act or omission to cause harm to another
What is Professional Negligence?
When a professional gives their client incompetent advice that causes loss
What is Product Liability?
A producer is negligent to a product being improperly designed/produced
What is the Key Objective of Tort Law?
Distinguish between which the loss suffered by an injured person should remain uncompensated or the responsibility for the loss should be “shifted” to other party considered responsible for loss
Who is the Tort-Feasor
The party that commits a tort or is responsible for causing the los
What are Intentional Torts?
Acts are committed on purpose
What is a Tort of Assault?
A threat of physical harms without actual physical contact. Eg. Bouncer gestures wildly in someones face
What is Tort of Battery?
Intentional infliction of harmful or offensive physical contact. Eg. Bouncer ejects someone from a premise
What are Torts through Negligence?
Eg. Bar’s responsibility to keep floors in a safe condition. Can be sued for negligence if someone is hurt from it
What is the purpose of Criminal Prosecution?
To censure behaviour and to secure punishment of a fine or imprisonment, sometimes both
What is the purpose of Tort Claims?
To compensate victim for harm suffered to another person’s actions
Who commences the actions in Criminal Law?
Most often brought by crown prosecutor employed by F or P governments, called defendant/accused and complainant
Who commences the actions in Tort Law?
Injured party bring the legal actions, called defendant and plaintiff
What proof of actions are needed in Tort Law?
Prove that they are responsible for tort, and there is better than 50% chance they were harmed
What is a Primary Liability?
Arises due to one’s one personal wrongdoing
What is Vicarious Liability?
Arises due to the relationship that someone has to the person who commits the tort. If there is a significant connection between employee and employer
What are the Doctrine of Vicarious Liability based on?
Employers can control employees and should be liable for employee, Person who benefits from a business enterprise should bare the associated costs, Plaintiff have a good chance of being compensated, Employer should be given incentive to prevent torts from even occurring
Who are Joint Tort-Feasors?
2 or more people whom a court has held to be jointly responsible for plaintiffs loss or injuries, victim can sue any or all of them
What is Contributory Negligence?
A defence claiming that plaintiff is at least partially responsible for harm that occurred, amount of damages plaintiff is awarded is reduced by the proportion where the plaintiff is responsible
What is the purpose of damages in tort?
Money is a common form of compensation, but can also be an injunction -> prohibited behaviour. Compensation has limits
What is a Worker’s Compensation Legislation?
Provides no-fault compensation for injured employees in lieu of their right to sure for tort, provides monetary compensation to prevent them from suing
What are Non-Pecuniary Damages?
“general damages” awarded to compensate the plaintiff for pain and suffering, loss of enjoyment of life, loss of life expectancy
What are Pecuniary Damages?
Compensation for out of pocket expense: Special damages(ambulance costs, medical costs), loss of future income(value of plaintiff’s diminished earning capacity resulting from injuries) and cost of future care(provide care and assistance with injury)
Where Punitive Damages?
Awarded to plaintiff to punish the defendant for malicious conducts
What are Aggravated Damages?
Compensate plaintiff for intangible injuries such as distress and humiliations cause by defendant
What are the result in ignoring tort risks?
Incurring costs of a tort that could have been avoided, losing insurance coverage cause of poor claims, losing a hard-earned business reputation
