Jeopardy 1-7 Flashcards
Defaming a business, a product or a property rather than a person.
Injurious falsehood
A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
when the public is misled into believing that one company’s goods or services are those a similar brand or product
Passing off
If someone relies on advice or information negligently provided by a specialist, and does so reasonably to his or her detriment, a duty of care is breached.
Negligent misrepresentation
Regulation, deterrence, compensation, dispute resolution, education and prevention
6 primary purpose of Tort law
Damages are awarded to compensate the injured party
General damage
A promise for an action
unilateral contract
The judge feels that the bargain was unfair due to 1. lopsided bargaining power 2. abuse of authority, or 3. breach of fiduciary duty
unconscionable transactions
Tort law bypass, principal of agents, vicarious liability, corp. form by amalgamation, collateral warranties, etc.
the exceptions to the privity of contract rule
For duress, for undue influence, if a mistake was made, for misrepresentation, where utmost good faith was not demonstrated
the reasons a contract may be impeached
Beyond a reasonable doubt is what probability
98%
Law is whatever judges say it is
legal realism
the level of government in charge of bylaws
Municipal government
three types of offences
summary conviction, indictable and hybrid
the division of law associated with interpersonal matters
private law
