Chapter 12: Negligence and Other Torts Flashcards

1
Q

third-party liability

A

legal responsibility involving three parties; as in a car accident, in which an insurance company, the third party, pays out the claim

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2
Q

no-fault insurance

A

insurance that is paid to the injured party promptly by the insurer, regardless of who is at fault in an accident

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3
Q

negligence

A

failure to exercise reasonable care that results in injury to another; damaging actions that are careless, unintentional, unplanned

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4
Q

intent

A

true purpose of one’s actions; state of a person’s mind who knows and desires the consequences of their actions; characteristic of the tort of negligence

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5
Q

duty of care

A

specific legal obligation to not harm other ppl or their property; principle of tort law

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6
Q

standard of care

A

level of care, or degree of caution, expected when a reasonable person is carrying out an action

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7
Q

reasonable person

A

standard used in determining if a person’s conduct in a particular situation is negligent

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8
Q

foreseeability

A

quality of being what a reasonable person should expect or anticipate as a result of certain actions

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9
Q

causation

A

fact of being the producer (cause) of an effect/result/consequence (ex. cause of death); important principle in murder trials; in civil law, one of the elements that must be proven in a negligence action

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10
Q

contributory negligence

A

negligence on the part of the victim that helps bring about (contributes to) his or her own injury or loss; a partial defence to negligence

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11
Q

voluntary assumption of risk

A

wiliing acceptance of a possibility of harm or suffering; a partial defence for negligence

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12
Q

occupier

A

someone who controls and physically possesses a property

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13
Q

invitee

A

person on a property for a purpose other than a social visit (ex. student, customer)

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14
Q

licensee

A

person on another’s property w/the permission (licence) of the occupier (ex. a friend) for non-business purposes

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15
Q

trespasser

A

person who enters or crosses another’s property w/o consent or legal right

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16
Q

allurement

A

sth that is inviting or enticing to young children

17
Q

vicarious liability

A

principle of holding a blameless party (the substitute) responsible for another’s actions (ex. bussing company responsible for a driver’s careless driving)

18
Q

informed consent

A

agreement to a particular action w/full understanding of the risks, as with patients and medical procedures

19
Q

material risks

A

major or significant possibilities of harm or suffering (ex. from medical treatment)

20
Q

battery

A

intentional physical contact that is harmful or offensive to the other person; the completion of an assault in tort law

21
Q

false imprisonment

A

unlawful physical restraint or detention

22
Q

trespass

A

to enter or cross another’s property w/o consent or legal right

23
Q

nuisance

A

an unreasonable use of land that interferes w/the right of others to enjoy their property

24
Q

private nuisance

A

affects indiv or a few ppl only

25
public nuisance
affects indefinite number of ppl or all residents in a community
26
defamation
act of uttering or publishing false and malicious statements that injure a person's fame, reputation, or character; often categorized as slander or libel
27
slander
defamation through spoken words, sounds, or actions (ex. a speech)
28
libel
defamation in a printed or permanent form (ex. pictures, printed words, video)
29
truth
established and verified fact in a judicial proceeding; the best defence for defamation
30
absolute privilege
defence against defamation for statements made in legislature and judicial proceedings
31
qualified privilege
defence against defamation for those whose work requires they express their opinions (ex. teachers, doctors) unless malice is evident
32
malice
desires to harm another; active ill will
33
fair comment
right to criticize openly and honestly if w/o malice, as in a movie review; a defence against defamation