Chapter 4

Question 1

Define strict liability.

Answer 1

• liability that is imposed based upon causation regardless of fault

Question 2

Define fault.

Answer 2

• unjustifiable injurious conduct that intentionally or carelessly disregards the interests of others.

Question 3

Define no fault insurance.

Answer 3

• a system of compulsory insurance that eliminates fault as a basis for claims.

Question 4

Define workers comp.

Answer 4

• a scheme in which employers contribute to a fund used to compensate workers injured in industrial accidents regardless of how the accident was caused.

Question 5

Define vicarious liability.

Answer 5

• the liability of an employer to compensate for torts committed by an employee during the course of his/her employment.

Question 6

Define trespass.

Answer 6

• unlawful entering or reaminaing on the land of another without permission.

Question 7

Define assault.

Answer 7

• the threat of violence to a person

Question 8

Define battery.

Answer 8

• unlawful physical contact with a person.

Question 9

Define private nuisance.

Answer 9

• interference with an occupier’s use and enjoyment of her land.

Question 10

Define false imprisonment.

Answer 10

• unlawfully restaraining or confining another person.

Question 11

Define false arrest.

Answer 11

• causing a person to be arrested without reasonable cause.

Question 12

Define malicious prosecution.

Answer 12

• causing a person to be prosecuted for a crime without an honest belief that the crime was committed.

Question 13

Define defamation.

Answer 13

• making an untrue statement that causes injury to the reputation of another person.

Question 14

Define libel.

Answer 14

• written defamation.

Question 15

Define slander.

Answer 15

• spoken defamation.

Question 16

Define absolute privilege.

Answer 16

• complete immunity from liability for defamataion

Question 17

Define qualified privilege.

Answer 17

• immunity from liability for defamation provided a statement was made in good faith

Question 18

Define responsible communication on matters of public interest.

Answer 18

• a defence to defamation when the publication of the statement is in the public interest and was done responsibly.

Question 19

Define negligence.

Answer 19

• the careless causing of injury to the person or property of another.

Question 20

Define duty of care.

Answer 20

• a relationship so close that one could reasonably foresee casuing harm to the other.

Question 21

Define standard of care.

Answer 21

• the level of care that a person must take in the circumstances.

Question 22

Define causation.

Answer 22

• injury resulting from the breach of the standard of care.

Question 23

Define remote.

Answer 23

• unrelated or far removed from the conduct

Question 24

Define contributory negligence.

Answer 24

• a partial defence to a negligence acion when the plantiff’s or another defendant’s conduct also contributed to the injury

Question 25

Define mitigate.

Answer 25

• duty to act reasonably and quickly to minimize the extent of damage suffered.

Question 26

Define voluntary assumption of risk.

Answer 26

• a defence to a negligence action when the plantiff was aware of the risk and continued with the activity anyways.

Question 27

Define subrogation.

Answer 27

• where one person becomes entitled to the rights and claims of another

Question 28

Define product liability.

Answer 28

• a negligence tort imposing liability on manufacturers for harm caused by defective products

Question 29

Define circumstantial evidence principle.

Answer 29

• a prima facie case of negligence mat be established by drawing reasonable inferences from the circumstances surrounding the profuct manufacture and failure.

Question 30

Define duty to warn.

Answer 30

• manufacturer’s responsibility to make users aware of the risks associated with the use or misuse of the product.

Question 31

Define occupier’s liability.

Answer 31

• a negligence tort imposing liability on occupants of land for harm suffered by visitors to property.

Question 32

Define invitee.

Answer 32

• a person permitted by an occupier to enter premises for business purposes.

Question 33

Define licensee.

Answer 33

• a visitor (other than an invitee) who enters premises with the consent of occupier.

Question 34

Define damages.

Answer 34

• a sum of money awarded as compensation for loss or injury.

Question 35

define punitive/exemplary damages.

Answer 35

• damages awarded with the intention of punishing a wrongdoer.

Question 36

Define special damages.

Answer 36

• damages to compensate for quantifiable injuries.

Question 37

Define general damages.

Answer 37

• damages to compensate for injuries that cannot be precisely expressed in monetary terms
  ex) pain and suffering

Question 38

Define restitution.

Answer 38

• an order to restore property wrongfully taken.

Question 39

Define injunction.

Answer 39

• a court order restraining a person from doing, or continuing to do a particular act.

Question 40

Define mandatory injunction.

Answer 40

• an order requiring a person to fo a particular act.