Chapter 12: Negligence and Other Torts

Question 1

third-party liability

Answer 1

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

Question 2

no-fault insurance

Answer 2

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

Question 3

negligence

Answer 3

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

Question 4

intent

Answer 4

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

Question 5

duty of care

Answer 5

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

Question 6

standard of care

Answer 6

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

Question 7

reasonable person

Answer 7

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

Question 8

foreseeability

Answer 8

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

Question 9

causation

Answer 9

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

Question 10

contributory negligence

Answer 10

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

Question 11

voluntary assumption of risk

Answer 11

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

Question 12

occupier

Answer 12

someone who controls and physically possesses a property

Question 13

invitee

Answer 13

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

Question 14

licensee

Answer 14

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

Question 15

trespasser

Answer 15

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

Question 16

allurement

Answer 16

sth that is inviting or enticing to young children

Question 17

vicarious liability

Answer 17

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

Question 18

informed consent

Answer 18

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

Question 19

material risks

Answer 19

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

Question 20

battery

Answer 20

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

Question 21

false imprisonment

Answer 21

unlawful physical restraint or detention

Question 22

trespass

Answer 22

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

Question 23

nuisance

Answer 23

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

Question 24

private nuisance

Answer 24

affects indiv or a few ppl only

Question 25

public nuisance

Answer 25

affects indefinite number of ppl or all residents in a community

Question 26

defamation

Answer 26

act of uttering or publishing false and malicious statements that injure a person’s fame, reputation, or character; often categorized as slander or libel

Question 27

slander

Answer 27

defamation through spoken words, sounds, or actions (ex. a speech)

Question 28

libel

Answer 28

defamation in a printed or permanent form (ex. pictures, printed words, video)

Question 29

truth

Answer 29

established and verified fact in a judicial proceeding; the best defence for defamation

Question 30

absolute privilege

Answer 30

defence against defamation for statements made in legislature and judicial proceedings

Question 31

qualified privilege

Answer 31

defence against defamation for those whose work requires they express their opinions (ex. teachers, doctors) unless malice is evident

Question 32

malice

Answer 32

desires to harm another; active ill will

Question 33

fair comment

Answer 33

right to criticize openly and honestly if w/o malice, as in a movie review; a defence against defamation