Legal Terms: Chapter Five - Tort Law and Contract Law

Question 1

Assault

Answer 1

Psychological Tort involving one person’s apprehension of harmful physical contact from another person

Question 2

Battery

Answer 2

Tort requiring actual occurrence of harmful or offensive physical contact

Question 3

Bilateral Contract

Answer 3

Contracts in the form of a “promise for a promise” whereby the offeror promises something in exchange for a reciprocal promise.

Question 4

Cattle Trespass

Answer 4

A strict liability tort involving damage caused by straying cattle or other farm animals

Question 5

Civil Wrong

Answer 5

A wrong that occurs in the context of relationships between persons and is addressed by one of the areas of private law

Question 6

Compensatory Damages

Answer 6

Damages in a tort claim that compensate the plaintiff for proven and recognized types of losses

Question 7

Consent (Defense of)

Answer 7

A defense against a variety of tort claims that is based on the idea that the plaintiff was aware of the risks associated with the activity that led to damages and agreed to participate in the activity anyway.

Question 8

Contributory Negligence (Defense of)

Answer 8

A defense against negligent tort claims that is based on the idea that the plaintiff negligently contributed to her losses.

Question 9

Defamation

Answer 9

A tort involving allegations of impropriety that injure a person’s reputation

Question 10

Expectation Damages

Answer 10

A remedy for contract disputes that attempts to place the innocent party in the position she would have been in if the contract had been performed as promised and all the contractual representations had been true.

Question 11

Express Terms

Answer 11

Contract terms that the parties have considered and deliberately included in the contract.

Question 12

False Imprisonment

Answer 12

Tort whereby one person totally restrains the movement of another person

Question 13

Illegality (Defense of)

Answer 13

A defence to negligence claims that used to be applied when the plaintiff and defendant were involved in criminal or immoral activity at the time of the injury, but is now applied mainly when the plaintiff is trying to use the negligence action to avoid a criminal penalty

Question 14

Implied Terms

Answer 14

Contract terms that the parties have not explicitly included in the contract, but that are nonetheless part of the agreement.

Question 15

Libel

Answer 15

A kind of defamation that involves defamatory language in writing, such as in a newspaper article or book, whether in print or online.

Question 16

Misfeasance

Answer 16

Negligent tort that involves doing something carelessly (as opposed to omitting to do something)

Question 17

Misrepresentation

Answer 17

A false representation made during contract negotiations

Question 18

Negligence

Answer 18

Area of tort law that addresses harm caused by carelessness, not intentional harm

Question 19

Nominal Damages

Answer 19

Damages in a tort claim that reflect the breach of a plaintiff’s right where no actual loss has been sustained

Question 20

Nonfeasance

Answer 20

Negligent tort that involves omitting to do something the law requires you to do.

Question 21

Nuisance

Answer 21

In law, either public or pirvate nuisance

Question 22

Occupier’s Liability

Answer 22

The liability of occupiers of land for injuries that visitors sustain while on the occupiers’ property.

Question 23

Private Nuisance

Answer 23

A tort that involves one person’s using her property in such a way as to substantially interfere with another person’s enjoyment or use of his property, but without any actual trespass occurring.

Question 24

Public Nuisance

Answer 24

It occurs when a public interest is interfered with—for example, when a highway is obstructed or a river is polluted through the defendant’s actions.

Question 25

Punitive Damages

Answer 25

Damages in a tort claim that are granted in situations where the court wishes to punish the defendant for socially objectionable behaviour

Question 26

Rectification

Answer 26

For contract disputes based on errors in the written contract, a remedy whereby the court orders that the contract be rewritten to correct the mistake.

Question 27

Reliance Damages

Answer 27

A remedy for contract disputes that compensates the innocent party for expenses he incurred preparing for the performance of contractual obligations.

Question 28

Rescission

Answer 28

A remedy for contract disputes whereby the contract is cancelled and the parties are returned to the positions they were in just before the contract was entered into

Question 29

Restitution Damages

Answer 29

A remedy for contract disputes that compensates the innocent party for moneys usually paid over to the other party (deposits and part payments, for example)

Question 30

Rule in Rylands V Fletcher

Answer 30

The strict liability rule that the person who brings a dangerous substance onto his property is answerable for the damage is causes if it should escape.

Question 31

Rule in Rylands V Fletcher

Answer 31

The strict liability rule that the person who brings a dangerous substance onto his property is answerable for the damage is causes if it should escape.

Question 32

Scienter Action

Answer 32

A strict liability tort claim concerning damage caused by a domestic animal; based on the idea that the defendant (the owner) had knowledge the animal was dangerous.

Question 33

Slander

Answer 33

A kind of defamation transmitted via oral or other transitory forms of communication

Question 34

Specific Performance

Answer 34

A remedy for contract disputes whereby the court orders the party in breach to perform his obligations as promised

Question 35

Strict Liability Tort

Answer 35

A tort for which the defendant is held responsible even if the damaging action was neither intentional nor a result of negligence

Question 36

Tort

Answer 36

A type of civil wrong for which damages can be obtained by the person wronged

Question 37

Trespass to Goods (or Trespass to Chattels)

Answer 37

A tort whereby one person intentionally interferes with another’s rightful possession of movable propety

Question 38

Trespass to Land

Answer 38

Tort involving the physical intrusion by one person onto land occupied by another

Question 39

Trespass to Person

Answer 39

An intentional tort encompassing three subcategories of tort: assault, battery and false imprisonment

Question 40

Unilateral Contract

Answer 40

Contracts that are in the form of a “promise for an action”, the offeror promising something (usually payment) if the offeree accepts by performing a requested action.