Chapter 4 - Tort Law Flashcards
What are the main differences between Tort law and Criminal law?
Tort Law:
compensate victims who have suffered injury or wrong as a result of the actions of an individual or organization
Criminal Law:
Hold citizens accountable to each other under a society’s criminal code which spells out how the citizens of that society should treat each other
State the three requirements for a successful action under Tort law
- The defendant owed the plaintiff a duty of care.
- The defendant breached that duty of care.
- The defendant’s conduct caused injury to the plaintiff
What is the difference between public nuisance and private nuisance?
Private Nuisance: • Injury to the property of someone • Interference to enjoyment of property Public Nuisance: • Act or omission that affects the lives, safety, or conduct of the public or a section of the public
List and describe the defenses against a tort of defamation.
- Proof that the statements made are true.
- Fair comment
- Absolute privilege
- Qualified privilege
What is negligence and what must a plaintiff substantiate in order to win a case of negligence?
Failure to act as a reasonable person would be expected to in similar circumstance, Is not intentional
Must establish all the following to prove negligence
• Defendant owed the plaintiff duty of care
• Defendant breached duty of care
• Defendant cause injury
List and describe the facts that are considered by the court when it is reviewing the required standard of care.
- How likely was any damage to occur?
- How serious could the damage be?
- Who is likely to be affected?
To what does the thin skull rule pertain?
This rule states that one takes the victim as they are found. In other words, the defendant cannot argue that the plaintiff suffered a brain injury due to a pre-existing condition or state.
Which case is most often cited for the tort of product liability and why is it important?
Donoghue v. Stevenson.
Set the precedent that manufacturers of products owe a duty of care to persons other than the actual persons who purchased the product.
How does a court normally decide on the level of standard of care required from a professional in the performance of their duties?
A reasonable level of care and skill expected of a professional of normal competence.
Court measures reasonable care against the established professional standards of the professional organization as well as against situational factors that may require a higher standard of care than that determined by the professional standards.
Define Joint Tortfeasors
Two or more parties who together committed a tort.
Define Contributory Negligence
Recognition that the plaintiff might have contributed to the injuries he or she suffered along with the defendant.
What is the difference between Strict liability vs Vicarious liability?
Strict liability
• need to prove intent, negligence or fault, as long
as it is proven that it was the defendant who caused the damage.
Vicarious Liability
• occurs when a person is held responsible
for the tort of another even though the person being held responsible may be innocent
Name examples of unintentional torts
- Negligence
- Negligent misrepresentation
- Product liability
- Professional Liability
- Occupiers Liability
Name examples of intentional torts
- Nuisance
- Trespass to land
- Deceit
- False Imprisonment
- Defamation
- Assault & Battery
Define Risk management and how to implement it
Reducing a business or professional’s exposure to unfavourable, uncertain or unknown conditions.
- Keep Skills and knowledge up to date
- Follow professional standards of practice
- Stay within area of expertice
