Chapter 3/4 - Tort Law Flashcards
Tort Law
an area of law that holds an individual/business accountable for either intentional or unintentional harm to another
Intentional vs Unintentional Tort
Intentional: deliberate, conscious harm to another
Unintentional: careless behaviour that leads to the harm of another
Business Exposure
actions that make a business vulnerable
Vicarious Liability
an employer is responsible for injuries caused by an employee
What must occur in intentional torts (3)?
Did they do it on purpose?
Did the actions result in injury?
Is there a measurable monetary damage?
Battery & Assault
B: physical intentional, unconsented contact that causes harm
A: intention/threat of unconsented contact
Negligence
failure to exercise the degree of care toward another
Elements required for Negligence
Duty of care (was it owed)
Standard of care (was the standard of a reasonable person upheld)
Foreseeability (could the individual have foreseen the damage)
Causation (was the injury caused by the defendant’s actions)
Remoteness of Damage
no reasonable connection exists between the actions of the defendant and the harm caused to the plaintiff
Contributory Negligence
the plaintiff’s actions contributed to or caused the harm
Voluntary Assumption of Risk
the plaintiff is aware of and consented to the risk associated with the activity
Professional Liability
a tort of negligence for professionals that protects them from economic loss in the event that their client suffers from injury due to the service provided
Fiduciary Duty
a standard by which professionals have a legal responsibility to their client to provide a service in the best interest of the client without personal gain
Occupier’s Liability
law dictates that you must take reasonable steps to make your property safe for anyone who comes on it
