Chapter 4 Flashcards
Absolute privilege
Exemption from liability for defamatory statements made in some settings without reference to the speakers motives or the truth or falsity of the statement
Assault
A deliberate verbal or physical threat; an action that makes a person fear physical interference
Battery
Unwelcome physical contact; deliberate non consensual interference to a person’s body
Confidential information
Private information, the disclosure of which would be injurious to a business; a type of IP
Consent
Permission to conduct what would otherwise constitute a tort such as assault or battery, can be expressed or implied
Conspiracy to injure
The coordinated action of two or more people using illegal or improper methods to harm the business or interests of another
Continuing trespass
A permanent incursion onto the property of another
Conversion
Intentional appropriation of the goods of another person for the appropriators own purposes
Crimes
Wrongs that affect society as a whole and are punishable by the state
Cyber libel
Defamatory posts on the internet or published in emails; a statement that is untrue and damaging relating to another individual that is published digitally
Deceit this tort involves
The fraudulent and intentional misleading of another person causing injury
Defamation
A derogatory false statement published to a persons detriment
Detinue
A wrongful retention of goods that may have been legally obtained but subsequently not returned in response to a proper request
Fair comment
A defence available when defamatory statements are made about public figures or works out before the public
False imprisonment
Holding people against their will without lawful authority
Inducing breach of contract
Encouraging someone to break their contract with another
Injurious falsehood
Defamation with respect to another’s product or business
Innuendo
A implied statement detrimental to another
Intentional infliction of mental suffering
A tort constituted by harassment or deliberate acts or pranks that cause nervous shock
Intimidation
A threat to perform an illegal act that is used to force a party to act against its own self interest
Justification
The truth of a statement, applied as a defence to a defamation action
Libel
The written or more permanent form of a defamatory statement
Malicious prosecution
A tort action based on criminal prosecution motivated by ill will towards the accused
Passing-off
The tort of misleading the public about the identity of a business or product
Privacy
The right to be left alone; to protect private personal info and to be free of physical intrusion, surveillance and misuse of an image or name
Private nuisance
The use of property in such a way that it foreseeably interferes with a neighbour’s enjoyment of their property
Product defamation
Defamation with respect to another’s product
Public interest responsible journalism defence
Defence to defamation excusing incorrect statements on matters of public interest where despite responsible journalism erroneous statements were made
Public nuisance
Unreasonable interference with public property or creating conditions that negatively affect a community or a considerable number of people
Qualified privilege
Exemption from liability for defamatory statements made pursuant to a duty or special interest so long as the statement was made honestly and without malice and was circulated to only those having a right to know
Self defence
The right to respond to an assault with as much force as is reasonable in the circumstances
Slander
Spoken defamation
Tort
An action that causes harm or injury to another person
Trade slander
Defamation with respect to another’s product or business
Trespass to chattels
Direct intentional interference with another’s rights to possess their personal property
Trespass to land
An unauthorized intentional intrusion upon or direct breach of the boundaries of another’s land
Trespass to person
Intentional physical interference with another person; battery
Truth
The accuracy of a statement applied as a defence to a defamation action
Unlawful interference with economic relations
A tort consisting of unlawful competitive practices such as inducing breach of contract
“Unlawful means” tort
An intentional tort that allows the plaintiff to sue a defendant for economic loss, resulting from the defendant’s unlawful act against a third party
Vicarious liability
Liability of an employer for injuries caused by employees while carrying out their employment duties
