chapther 12 Flashcards
negligence
a careless act that causes harm to another
false imprisonment
unlawful physical detention
nuisance
an unreasonable use of land that interferes with the rights of other
duty of care
a specific legal obligation to not harm other people or their property
standard of care
the level of care expected of a person in specific circumstances
reasonable person
the standard used to determine if a persons conduct is negligent
causation
when the defendants action was a direct factor that led to the plaintiff damages
contributory negligence
when the victims actions caused all or part of the damages suffered
voluntary assumption of risk
the acceptance of factors that may lead to harm or injury
waiver
a document that releases a party from liability in the event of accident or injury
vicarious liability
when a person is held responsible for anothers tort
malpractice
improper professional treatment
informed consent
agreement to a particular action with full understanding of the risks
material risk
a significant possibility of harm from a medical treatment
trespass
presence on anothers property without consent
battery
intentional physical contract that is harmful to another person
negligent investigation
a tort for improper investigation by police
defamation
injury to a persons character or reputation
slander
defamation through verbal communciation
libel
defamation in written form
absolute privilege
a defense against defamation for statements made in legislative and judicial proceedings
qualified privilege
a defence against defamation for expressing honest opinions as part of a job
malice
the intention to harm another
fair comment
a defense to defamation for comments made in good faith
no - fault insurance
insurance money paid regardless of who is at fault in an accident
