Chapter 4 Flashcards
Define strict liability.
- liability that is imposed based upon causation regardless of fault
Define fault.
- unjustifiable injurious conduct that intentionally or carelessly disregards the interests of others.
Define no fault insurance.
- a system of compulsory insurance that eliminates fault as a basis for claims.
Define workers comp.
- a scheme in which employers contribute to a fund used to compensate workers injured in industrial accidents regardless of how the accident was caused.
Define vicarious liability.
- the liability of an employer to compensate for torts committed by an employee during the course of his/her employment.
Define trespass.
- unlawful entering or reaminaing on the land of another without permission.
Define assault.
- the threat of violence to a person
Define battery.
- unlawful physical contact with a person.
Define private nuisance.
- interference with an occupier’s use and enjoyment of her land.
Define false imprisonment.
- unlawfully restaraining or confining another person.
Define false arrest.
- causing a person to be arrested without reasonable cause.
Define malicious prosecution.
- causing a person to be prosecuted for a crime without an honest belief that the crime was committed.
Define defamation.
- making an untrue statement that causes injury to the reputation of another person.
Define libel.
- written defamation.
Define slander.
- spoken defamation.
Define absolute privilege.
- complete immunity from liability for defamataion
Define qualified privilege.
- immunity from liability for defamation provided a statement was made in good faith
Define responsible communication on matters of public interest.
- a defence to defamation when the publication of the statement is in the public interest and was done responsibly.
Define negligence.
- the careless causing of injury to the person or property of another.
Define duty of care.
- a relationship so close that one could reasonably foresee casuing harm to the other.
Define standard of care.
- the level of care that a person must take in the circumstances.
Define causation.
- injury resulting from the breach of the standard of care.
Define remote.
- unrelated or far removed from the conduct
Define contributory negligence.
- a partial defence to a negligence acion when the plantiff’s or another defendant’s conduct also contributed to the injury
Define mitigate.
- duty to act reasonably and quickly to minimize the extent of damage suffered.
Define voluntary assumption of risk.
- a defence to a negligence action when the plantiff was aware of the risk and continued with the activity anyways.
Define subrogation.
- where one person becomes entitled to the rights and claims of another
Define product liability.
- a negligence tort imposing liability on manufacturers for harm caused by defective products
Define circumstantial evidence principle.
- a prima facie case of negligence mat be established by drawing reasonable inferences from the circumstances surrounding the profuct manufacture and failure.
Define duty to warn.
- manufacturer’s responsibility to make users aware of the risks associated with the use or misuse of the product.
Define occupier’s liability.
- a negligence tort imposing liability on occupants of land for harm suffered by visitors to property.
Define invitee.
- a person permitted by an occupier to enter premises for business purposes.
Define licensee.
- a visitor (other than an invitee) who enters premises with the consent of occupier.
Define damages.
- a sum of money awarded as compensation for loss or injury.
define punitive/exemplary damages.
- damages awarded with the intention of punishing a wrongdoer.
Define special damages.
- damages to compensate for quantifiable injuries.
Define general damages.
- damages to compensate for injuries that cannot be precisely expressed in monetary terms
ex) pain and suffering
Define restitution.
- an order to restore property wrongfully taken.
Define injunction.
- a court order restraining a person from doing, or continuing to do a particular act.
Define mandatory injunction.
- an order requiring a person to fo a particular act.
