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B LAW 201 > deck_17595917 > Flashcards

deck_17595917 Flashcards

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1
Q

Tort

A

wrongdoing that caused damage, loss, or injury

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2
Q

Role / Objective of Tort Law

A

To compensate victims for harm suffered at the hands of others.

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3
Q

Tortfeasor

A

the person or entity who caused harm, damage, loss or injury

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4
Q

3 Types of damages in Tort Law

A
  1. Special Damages
  2. General Damages
  3. Punitive Damages
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5
Q

Special Damages

A

awarded to cover expenses that have been incurred.

key - SPECIFIC monetary value with RECIPTS.

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6
Q

General Damages

A

no specific monetary value; subjective

ie) pain & suffering, damage to reputation

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7
Q

Punitive Damages

A

Intended to punish the tortfeasor.

ie) extreme distress / humiliation

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8
Q

3 Requirements for Tort action

A
  1. Fault
  2. Causation
  3. Compensable Injury
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9
Q

Fault (Tort)

A

broadened to acts (or lack of) falling below an acceptable standard

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10
Q

Causation

A

narrowed to remoteness test.

tortfeasor could have reasonably foreseen the consequences of actions (or lack of)

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11
Q

Compensable Injury

A

Physical, financial, emotional, bodily, mental

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12
Q

Types of damages (tort)

A
  1. Physical
  2. Mental
  3. Financial
  4. Intangible
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13
Q

Upper Limit ($) for pain, suffering, and loss of enjoyment of life

A

350000

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14
Q

Vicarious Liability

A

an employer can be held liable for torts committed by its employees while on the job.

Employer may be able to sue the employee and recover its loss.

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15
Q

Battery (tort)

A

-deliberate physical contact
-without consent

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16
Q

Assault (tort)

A

-deliberate THREAT of contact
-real fear created of unwanted physical contact

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17
Q

Defences to Battery (2)

A
  1. Consent (must be informed consent)
  2. Self Defence (can use reasonable force to repel attack.
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18
Q

Informed Consent

A

Must be reasonable

ie) can’t shoot someone with a gun during a hockey game

If someone attacks me they are giving me consent to fight back

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19
Q

Chattels

A

Personal Property

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20
Q

Trespass to Chattels

A
  1. Deliberate interference with plaintiff’s personal property or possessions
  2. Without plaintiff’s permission or consent and without lawful right
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21
Q

Conversion

A

Intentionally appropriating (asserting ownership) of another’s property

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22
Q

Detinue

A

wrongful detention of the property of another

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23
Q

Trespass to Land

A
  1. deliberately being on another’s property
  2. without permission or lawful right

damage isnt necessary

if permission is withdrawn - must allow the trespasser the chance to leave

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24
Q

Occupier’s Liability

A

someone gets injured on your property

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25
Q

Private Nuisance

A
  1. unusual use of property
  2. causing interference with neighbour’s use of property
  3. results in foreseeable injury or harm

ie) Dukaric’s big hole

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26
Q

False Imprisonment

A
  1. False: unlwaful or without authority
  2. Imprisonment: holding someone against their will

exception: citizen’s arrest can be made if I have SEEN someone commit an indictable offense

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27
Q

Defamation

A
  1. False statement
  2. published (communicated to a third party)
  3. detrimental to reputation
28
Q

Defences to defamation (4)

A
  1. Truth
  2. Absolute Privilege
  3. Qualified Privilege
  4. Fair comment
29
Q

Truth (in defamation)

A

defamatory statements were true

30
Q

Absolute Privilege

A

not defamatory if made in an open forum (court, Parliament)

31
Q

Qualified Privilege

A

statements made out of a sense of duty
-others deserve to know
-without malice or knowledge of falsehood

32
Q

Fair Comment (defamation)

A

-comments about public figures
-without malice

33
Q

Breach of privacy

A

is NOT a tort

34
Q

Freedom of Information and Protection of Privacy Act “FOIP”

A

Provincial

use and collection of personal info by provincial government bodies

35
Q

Personal Information Protection Act “PIPA”

A

Provincial

use and collection of personal info by private orgs

36
Q

Privacy Act

A

Federal

use and collection of personal info by federal governments orgs

37
Q

Personal Information Protection and Electronic Documents Act “PIPEDA”

A

Federal

use and collection of personal info by private orgs

38
Q

Inducing breach of contract (3)

A
  1. contract was breached
  2. Defendant knew about the contract and deliberately induced its breach
  3. The plaintiff suffered
39
Q

Interference with Economic Relations

A

discourage competition unlawfully

40
Q

Intimidation

A

use a threat of violence (or some illegal activity) to force a party to do something

41
Q

Deceit (Fraudulent Misrepresentation)

A

Misleading statements were made either:
1. knowing they are false
2. without belief in their truth
3. recklessly (don’t care if they are true or not)

ie) car salesman lies about condition of car

42
Q

Conspiracy to Injure

A

parties acting together (conspiracy) to injure another’s business

43
Q

Malicious Prosectution

A
  1. prosecution was initiated out of malice
  2. lack of reasonable grounds supporting prosecution
  3. Plaintiff was acquitted
44
Q

Passing Off

A

Misleading whose product is being offered

ie) Disney vs WEM
ie) MAS+ vs Prime

45
Q

4 things the Plaintiff must prove for passing off

A
  1. plaintiffs goods have a reputation worth protecting
  2. defendant misrepresented its goods
  3. public was likely mislead
    4.plaintiff suffered damage
46
Q

Breach of Confidentiality

A
  1. info was confidential
  2. misused by the defendant
  3. defendant knew (reasonably) that it was confidential
47
Q

Injurious Falsehood (trade defamation)

A

UNTRUE or UNFOUNDED statements about goods or products of another
-cause damage to reputation

48
Q

Unintentional Torts (3)

A
  1. Negligence
  2. Professional Liability
  3. Negligent Misrepresentation
49
Q

4 Required Elements of Negligence

A

A. Duty of Care
B. reach of standard of care
C. ausation
D. amages

50
Q

Negligence

A

CARELESS conduct, falling below a STANDARD OF CARE, which causes injury to another

51
Q

A Duty of Care: Malfeasance vs Nonfeasance

A

Malfeasance: wrongdoing
Nonfeasance: failure to act (lifeguard has a duty to rescue while bystanders do not)

52
Q
  • A Duty of Care 2 part test
A

**1. Reasonable foreseeability test

  1. Duty of Care test (rare)
    “Anns policy test”
53
Q

(B) Breach of the Standard of Care

A

Reasonable person test
-what would a reasonable person do?
-as RISK increases, standard of care is higher
-inexperience is not a defense

54
Q

(C) Causation 2 part test

A
  1. “But for” test - physical causation
    -would the injury have occurred but for the defendant’s conduct
  2. Remoteness test
    was the injury too remote to have been foreseen?
55
Q

(D) Damage

A

actual loss or injury suffered by plaintiff

56
Q

Defenses to Negligence (3)

A
  1. Contributory Negligence
  2. Voluntary Assumption of Risk
  3. Liability is all or nothing
57
Q

Contributory Negligence

A

defendant claims that the plaintiff’s actions contributed to their injury

58
Q

Voluntary Assumption of Risk

A

defendant claim that the plaintiff voluntarily assumed the risk

all or nothing

59
Q

5 Elements of a contract

A

CCCLI
1. Consensus
2. Consideration
3. Capacity
4. Legality
5. Intention

60
Q

Consensus

A

1 of 5 elements of a contract

  1. OFFER
  2. ACCEPTANCE
61
Q

Offer

A

1 of 2 elements of consensus

  1. Clear
  2. Complete
  3. Communicated to Offeree
62
Q

3 elements of a COMPELTE offer

A
  1. Parties
  2. Property
  3. Price
63
Q

Acceptance

A

2nd of 2 elements of consensus

  1. Positive form (positive indication of acceptance, not implied)
  2. Unconditional (if a new condition is added, that is a new offer and must be accepted by the offeree)
  3. Communicated to Offeror
64
Q

Consideration

A

what the offeree stands to gain

2nd of 5 elements of a contract CCCLI

65
Q

Capacity

A

the offeree must be CAPABLE of understanding and accepting offer

3rd of 5 elements of a contract CCCLI

66
Q

Diminished Capacity

A

occurs when a party did not have the capacity to accept the offer

ie) a child,

B LAW 201 (1 decks)

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