Chapter 2: Tortious liability in Business

Question 1

joint and several liability

Answer 1

more than one person combined to cause harm to the claimant so that the claimant may sue for damages from all or ant of them for the full amount

Question 2

points for duty of care

Answer 2

1. reasonably foreseeability
2. fair, just and reasonable
3. proximity

Question 3

negligent misstatement

Answer 3

inaccurate statement made carelessly usually in the form of advice given by someone with skill/knowledge to someone without –> must be a special relationship of reliance!

Question 4

quasi-contractual

Answer 4

formal setting where the relationship is similar to a contractual relationship

Question 5

remoteness

Answer 5

only when the injury was reasonably foreseeable, negligent conduct can be blamed

Question 6

thin skull rule

Answer 6

defendant will be liable for the full injury, even if a normal person would not have sustained such a severe injury.

Question 7

novus actus interveniens

Answer 7

there is an act that intervenes with the chain of causation . if this intervening act is the direct cause of the injury and beyond the control of the defendant, he will not be liable

Question 8

contributory negligence

Answer 8

although the claimant’s injury was partly caused by the defendant, the claimant committed unreasonable failure to take care of themselves and are therefore partly blamed for his own injury

Question 9

violenti non fit injuria

Answer 9

the claimant knowingly and voluntarily accepted the risk –> complete defence

Question 10

statutory product liability

Answer 10

manufacturer/ seller being held liable for placing a defective product into the hands of a consumer

Question 11

occupiers liability

Answer 11

when the occupier owes visitors liability in the form of duty of care (invited and uninvited visitors)

Question 12

nuisance

Answer 12

interfering with the claimants land (overlast)

Question 13

private nuisance

Answer 13

defendant interfered with the claimants use or enjoyment of land in an unreasonable way (remedy = injunction)

Question 14

public nuisance

Answer 14

negatively effecting comfort of the society and interfering with the right of the community (criminal offence usually)

Question 15

slander

Answer 15

oral statement

Question 16

libel

Answer 16

statement in permanent form such as written

Question 17

Justification (truth)

Answer 17

it is true

Question 18

Fair comment

Answer 18

statement that could have been an opinion

Question 19

honest opinion

Answer 19

opinion that is held based on the facts available at that time

Question 20

publication on a matter of public interest

Answer 20

statement is made on a matter of public interest

Question 21

absolute privilege

Answer 21

made on the floor of legislative bodies

Question 22

Qualified privilege

Answer 22

honest opinion not made with malicious intent: when a party has a legal, moral or societal duty to make a statement

Question 23

unintentional defamation

Answer 23

when mistakenly making a defamation comment: usually done by commercial publishers

Question 24

doctrine of breach of confidence

Answer 24

when someone’s confidence has been breached and something that should not have been known to others becomes known (equitable doctrine) –> defendant does not claim that the information is untrue

Question 25

deceit

Answer 25

reckless fraudulent misrepresentation made knowingly

Question 26

malicious falsehood

Answer 26

defendant makes a false statement about the claimant –> a lie made with malice

Question 27

passing-off

Answer 27

when the defendant passed off its products as the claimant’s

Question 28

interference with the contract

Answer 28

defendant persuades a party to not carry out a contract or interfered with the execution of the contract

Question 29

conspiracy

Answer 29

associating with other people to cause injury to another person

Question 30

remedies in tort

Answer 30

1. seeking damages: financial compensation to put the injured back in the place they were before the tort.
   - pecuniary loss VS non-pecuniary loss
2. injunction: a court order to prevent the defendant from doing something (prohibitory) , or to make him do something (mandatory)

Question 31

pecuniary loss

Answer 31

loss of earnings and expenses

Question 32

non-pecuniary loss

Answer 32

loss of enjoyment in life

Question 33

temporary injuction

Answer 33

granted before trial outcome

Question 34

final injuction

Answer 34

after completion of the trial

Question 35

vicarious liability

Answer 35

employer is held liable for the torts of an employee committed in the course of employment

Question 36

strict liability

Answer 36

the defendant has neither acted negligently or intentionally