Legal Terms: Chapter Five - Tort Law and Contract Law Flashcards
Assault
Psychological Tort involving one person’s apprehension of harmful physical contact from another person
Battery
Tort requiring actual occurrence of harmful or offensive physical contact
Bilateral Contract
Contracts in the form of a “promise for a promise” whereby the offeror promises something in exchange for a reciprocal promise.
Cattle Trespass
A strict liability tort involving damage caused by straying cattle or other farm animals
Civil Wrong
A wrong that occurs in the context of relationships between persons and is addressed by one of the areas of private law
Compensatory Damages
Damages in a tort claim that compensate the plaintiff for proven and recognized types of losses
Consent (Defense of)
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.
Contributory Negligence (Defense of)
A defense against negligent tort claims that is based on the idea that the plaintiff negligently contributed to her losses.
Defamation
A tort involving allegations of impropriety that injure a person’s reputation
Expectation Damages
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.
Express Terms
Contract terms that the parties have considered and deliberately included in the contract.
False Imprisonment
Tort whereby one person totally restrains the movement of another person
Illegality (Defense of)
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
Implied Terms
Contract terms that the parties have not explicitly included in the contract, but that are nonetheless part of the agreement.
Libel
A kind of defamation that involves defamatory language in writing, such as in a newspaper article or book, whether in print or online.
Misfeasance
Negligent tort that involves doing something carelessly (as opposed to omitting to do something)
Misrepresentation
A false representation made during contract negotiations
Negligence
Area of tort law that addresses harm caused by carelessness, not intentional harm
Nominal Damages
Damages in a tort claim that reflect the breach of a plaintiff’s right where no actual loss has been sustained
Nonfeasance
Negligent tort that involves omitting to do something the law requires you to do.
Nuisance
In law, either public or pirvate nuisance
Occupier’s Liability
The liability of occupiers of land for injuries that visitors sustain while on the occupiers’ property.
Private Nuisance
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.
Public Nuisance
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.
Punitive Damages
Damages in a tort claim that are granted in situations where the court wishes to punish the defendant for socially objectionable behaviour
Rectification
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.
Reliance Damages
A remedy for contract disputes that compensates the innocent party for expenses he incurred preparing for the performance of contractual obligations.
Rescission
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
Restitution Damages
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)
Rule in Rylands V Fletcher
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.
Rule in Rylands V Fletcher
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.
Scienter Action
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.
Slander
A kind of defamation transmitted via oral or other transitory forms of communication
Specific Performance
A remedy for contract disputes whereby the court orders the party in breach to perform his obligations as promised
Strict Liability Tort
A tort for which the defendant is held responsible even if the damaging action was neither intentional nor a result of negligence
Tort
A type of civil wrong for which damages can be obtained by the person wronged
Trespass to Goods (or Trespass to Chattels)
A tort whereby one person intentionally interferes with another’s rightful possession of movable propety
Trespass to Land
Tort involving the physical intrusion by one person onto land occupied by another
Trespass to Person
An intentional tort encompassing three subcategories of tort: assault, battery and false imprisonment
Unilateral Contract
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.
