Chapter 7 Flashcards
tort
compensation for wrongdoing; private wrong, can only be pursued as a private matter
plaintiff
person who is suing and wants monetary compensation
defendant
the person being sued
why is there no torts in criminal (public) law?
because criminal law aims at punishing the wrongdoers, not compensating victims
negligence
doing something a reasonable person would not be expected to do or failure to do something a reasonable person would be expected to do; damage incurred from negligence
intentional tort
torts that occur as a result of a wrongdoer intentionally harming another physically or mentally
balance of probabilities
All the plaintiff has to do to make a case is find liability, which is easier than in âbeyond reasonable doubtâ in criminal law
damages in tort
damages are meant to return an injured party to the position it was in before the defendantâs wrongdoing; two types - compensatory and non-compensatory damages
compensatory damages
recompense for harm the plaintiff suffered, two subcategories: general and special damages
compensatory damages: general
compensate a plaintiff for non-monetary aspects of their loss, such as pain and suffering
compensatory damages: special
compensation for material / financial aspects of the plaintiffâs loss
non-compensatory damages: punitive
courts award punitive damages when a party has committed egregious behaviour which the court wishes to punish and deter; only awarded in extreme circumstances when the defendantâs behaviour was particularly shocking [PUNISH THE WRONGDOER]
non-compensatory damages: aggravated damages
courts award aggravated damages where the defendantâs conduct has caused the plaintiff particular distress, grief, or humiliation [COMPENSATE THE PLAINTIFF]
non-compensatory damages: nominal
courts award small nominal damages award when the defendant only slightly infringed the plaintiffâs rights, the plaintiff failed to prove a meaningful loss, or the plaintiff failed to mitigate
intentional tort claim
damage or harm that someone does to you on purpose (includes anything that harms you or your property); you could be eligible for an intentional tort claim if youâre the victim of unwanted physical contact, vandalism to your property, or sexual assault (& more)
types of intentional torts (not for strict memorization)
assault, battery, sexual harassment or assault, vandalism, intentional infliction of emotional distress, fraud, defamation, false imprisonment, invasion of privacy, trespassing
negligence claims
a failure to use reasonable care, resulting in someone elseâs injury
duty of care (standard of care) - aspect of a negligence claim
the first is that a person is in a situation where they have a duty to act carefully (i.e. drivers on road have a duty to drive carefully)
breach of duty - aspect of a negligence claim
the second aspect of negligence claim is that the person must fail to act as carefully as they should
causation - aspect of a negligence claim
failure (from breach of duty) must result in a loss or injury to someone else
damages - aspect of a negligence claim
the victim must have physical, emotional, or property damages because of what occured
what does a successful action in negligence require the plaintiff to demonstrate?
(1) the defendant owed him a duty of care
(2) the defendantâs behaviour breached the standard of care
(3) the plaintiff sustained damage
(4) the damage was caused by the defendantâs breach
damages denied: remoteness
connection between the plaintiffâs injury and the defendantâs conduct is too far removed; not reasonable to hold the defendant accountable
damages denied: causation
even if a plaintiff suffered damages, they still need to prove that the defendant caused those damages
damages denied: mitigation
even if the court determines the plaintiff was in the right, and the defendant owes them damages, the plaintiff must mitigate their damages (the plaintiff must keep their losses as minimal as possible)
vicarious liability (imputed liability)
is the tort liability that a person or entity has for the acts or omissions of another; various liability of a principal can result from the acts of independent agents, partners, contractors, and employees; the most typical is employer-employee context (employer is responsible for the wrongdoings of the employee)
direct liability
holds the person who committed the wrongful act liable for his or her conduct
occupiers liability
an occupier under the OLA is an individual who has control over the property that guests are invited to - includes home owners, tenants, and those who rent venues for special events; as an occupier, you owe a duty to your guests to keep them reasonably safe.
