Chapter 12: Negligence and Other Torts Flashcards
third-party liability
legal responsibility involving three parties; as in a car accident, in which an insurance company, the third party, pays out the claim
no-fault insurance
insurance that is paid to the injured party promptly by the insurer, regardless of who is at fault in an accident
negligence
failure to exercise reasonable care that results in injury to another; damaging actions that are careless, unintentional, unplanned
intent
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
duty of care
specific legal obligation to not harm other ppl or their property; principle of tort law
standard of care
level of care, or degree of caution, expected when a reasonable person is carrying out an action
reasonable person
standard used in determining if a person’s conduct in a particular situation is negligent
foreseeability
quality of being what a reasonable person should expect or anticipate as a result of certain actions
causation
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
contributory negligence
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
voluntary assumption of risk
wiliing acceptance of a possibility of harm or suffering; a partial defence for negligence
occupier
someone who controls and physically possesses a property
invitee
person on a property for a purpose other than a social visit (ex. student, customer)
licensee
person on another’s property w/the permission (licence) of the occupier (ex. a friend) for non-business purposes
trespasser
person who enters or crosses another’s property w/o consent or legal right
allurement
sth that is inviting or enticing to young children
vicarious liability
principle of holding a blameless party (the substitute) responsible for another’s actions (ex. bussing company responsible for a driver’s careless driving)
informed consent
agreement to a particular action w/full understanding of the risks, as with patients and medical procedures
material risks
major or significant possibilities of harm or suffering (ex. from medical treatment)
battery
intentional physical contact that is harmful or offensive to the other person; the completion of an assault in tort law
false imprisonment
unlawful physical restraint or detention
trespass
to enter or cross another’s property w/o consent or legal right
nuisance
an unreasonable use of land that interferes w/the right of others to enjoy their property
private nuisance
affects indiv or a few ppl only
public nuisance
affects indefinite number of ppl or all residents in a community
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
slander
defamation through spoken words, sounds, or actions (ex. a speech)
libel
defamation in a printed or permanent form (ex. pictures, printed words, video)
truth
established and verified fact in a judicial proceeding; the best defence for defamation
absolute privilege
defence against defamation for statements made in legislature and judicial proceedings
qualified privilege
defence against defamation for those whose work requires they express their opinions (ex. teachers, doctors) unless malice is evident
malice
desires to harm another; active ill will
fair comment
right to criticize openly and honestly if w/o malice, as in a movie review; a defence against defamation
