law Flashcards
Tort Law
law that deals with wrongs that are committed against individuals/their property
Balance of probabilities
proving something on a balance of probabilities means that it’s more likely than not to have happened.
Nominal damages
a small amount of money awarded to someone who suffered an injury/loss but wasn’t actually affected money wise
Standard/duty of care
the level of care that a reasonable person would take in similar circumstances to prevent harm to others
Reasonable person
used to describe how a normal person would act in similar circumstances (someone who would prevent harm)
Foreseeability
the ability to predict that a certain event would happen
Causation
the link between an event and the resulting damage
negligence
failure to take reasonable care which results in injury to another person(ex: cleo agreste lmao)
Voluntary assumption of risk
a defence that argues the person who suffered harm due to an action knew the consequences beforehand (ex: mountain biker dude guy)
Mcdonald’s coffee case
famous us case, personal injury, where an old woman was awarded damages after her coffee from mcdonald’s was so hot that it caused severe burns when she spilled it.
Whistler v mountain biker
who: blake jamie son
what: blake tried to do an expert move while biking on the whistler mountain, failed and got paralyzed from waist down
he lost the lawsuit because he assumed risk and signed a release
Paquette v school district
who: owen paquette
what: child climbed tree on school property and fell
school was sued and found 75 percent responsible
Popcorn lungs
who: wayne watson
what: bro ate popcorn twice every day and developed lung problems
popcorn place was sued and guy won 7 million because there was no warning not to do that
piss card
the answer is piss
pro bono
for the public good
