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B LAW 201 > deck_17595917 > Flashcards

deck_17595917 Flashcards

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
Private Nuisance
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
26
False Imprisonment
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
27
Defamation
1. False statement 2. published (communicated to a third party) 3. detrimental to reputation
28
Defences to defamation (4)
1. Truth 2. Absolute Privilege 3. Qualified Privilege 4. Fair comment
29
Truth (in defamation)
defamatory statements were true
30
Absolute Privilege
not defamatory if made in an open forum (court, Parliament)
31
Qualified Privilege
statements made out of a sense of duty -others deserve to know -without malice or knowledge of falsehood
32
Fair Comment (defamation)
-comments about public figures -without malice
33
Breach of privacy
is NOT a tort
34
Freedom of Information and Protection of Privacy Act "FOIP"
Provincial use and collection of personal info by provincial government bodies
35
Personal Information Protection Act "PIPA"
Provincial use and collection of personal info by private orgs
36
Privacy Act
Federal use and collection of personal info by federal governments orgs
37
Personal Information Protection and Electronic Documents Act "PIPEDA"
Federal use and collection of personal info by private orgs
38
Inducing breach of contract (3)
1. contract was breached 2. Defendant knew about the contract and deliberately induced its breach 3. The plaintiff suffered
39
Interference with Economic Relations
discourage competition unlawfully
40
Intimidation
use a threat of violence (or some illegal activity) to force a party to do something
41
Deceit (Fraudulent Misrepresentation)
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
Conspiracy to Injure
parties acting together (conspiracy) to injure another's business
43
Malicious Prosectution
1. prosecution was initiated out of malice 2. lack of reasonable grounds supporting prosecution 3. Plaintiff was acquitted
44
Passing Off
Misleading whose product is being offered ie) Disney vs WEM ie) MAS+ vs Prime
45
4 things the Plaintiff must prove for passing off
1. plaintiffs goods have a reputation worth protecting 2. defendant misrepresented its goods 3. public was likely mislead 4.plaintiff suffered damage
46
Breach of Confidentiality
1. info was confidential 2. misused by the defendant 3. defendant knew (reasonably) that it was confidential
47
Injurious Falsehood (trade defamation)
UNTRUE or UNFOUNDED statements about goods or products of another -cause damage to reputation
48
Unintentional Torts (3)
1. Negligence 2. Professional Liability 3. Negligent Misrepresentation
49
4 Required Elements of Negligence
A. Duty of Care B. reach of standard of care C. ausation D. amages
50
Negligence
CARELESS conduct, falling below a STANDARD OF CARE, which causes injury to another
51
A Duty of Care: Malfeasance vs Nonfeasance
Malfeasance: wrongdoing Nonfeasance: failure to act (lifeguard has a duty to rescue while bystanders do not)
52
* A Duty of Care 2 part test
**1. Reasonable foreseeability test 2. Duty of Care test (rare) "Anns policy test"
53
(B) Breach of the Standard of Care
Reasonable person test -what would a reasonable person do? -as RISK increases, standard of care is higher -inexperience is not a defense
54
(C) Causation 2 part test
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
(D) Damage
actual loss or injury suffered by plaintiff
56
Defenses to Negligence (3)
1. Contributory Negligence 2. Voluntary Assumption of Risk 3. Liability is all or nothing
57
Contributory Negligence
defendant claims that the plaintiff's actions contributed to their injury
58
Voluntary Assumption of Risk
defendant claim that the plaintiff voluntarily assumed the risk all or nothing
59
5 Elements of a contract
CCCLI 1. Consensus 2. Consideration 3. Capacity 4. Legality 5. Intention
60
Consensus
1 of 5 elements of a contract 1. OFFER 2. ACCEPTANCE
61
Offer
1 of 2 elements of consensus 1. Clear 2. Complete 3. Communicated to Offeree
62
3 elements of a COMPELTE offer
1. Parties 2. Property 3. Price
63
Acceptance
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
Consideration
what the offeree stands to gain 2nd of 5 elements of a contract CCCLI
65
Capacity
the offeree must be CAPABLE of understanding and accepting offer 3rd of 5 elements of a contract CCCLI
66
Diminished Capacity
occurs when a party did not have the capacity to accept the offer ie) a child,

B LAW 201 (3 decks)

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